FAIZANUDDIN Vs. STATE OF M P

JUDGEMENT

(1.) In this Criminal Appeal, the appellant has challenged his conviction under Section 304 Part-I of the Indian Penal Code for which he has been sentenced to undergo rigorous imprisonment for five Years.

(2.) The deceased Bhagrathibai was the wedded wife of the appellant. The deceased and the parents of the appellant were residents of the same village Tedawa. For some reasons about six months before the occurrence, the deceased was turned out from the house by her-in-laws and, therefore, the deceased was living with her mother in her parental house. It is said that on '12911985 the deceased Bhagrathibai had gone to the field to cut grass where the appellant is said to lave arrived with a Tangia. According to the prosecution, the appellant asked his wife deceased Bhagrathibai to accompany him to his house to which the deceased declined saying that she would go the other day. When the deceased proceeded to her parental house with the grass load on her head, it is said that the appellant gave a Tangia blow on herneck as a result of which shefell injured on the ground. In the nearby field, Shamu (PW 2) and Karu (PW 3) were present. Shamu went and informed Jhujhibai (PW 1) the mother of the deceased, who went to the place of occurrence and asked injured Bhagrathibai as to how she sustained injuries. The deceased is said to have told to her mother that it was the appellant who had caused her neck injury by Tangia. When the injured Bhagrathibai was being taken to hospital, she died of the way. Jhujhibai (PW 1) went to the Police Station Lanji where she lodged the First Information Report (Ex. P/i).

(3.) Dr. Laxmikant (PW. 9) performed an autopsy over the dead body of Bhagrathibai, who as per his post mortem report (Ex. P/13), found incised wound spindle shaped with smooth clean cut edges 15 cm. x 8 cm x 4 cm over right side of neck 3 cm below right ear and lateral and over top of shoulder joint, cutting the neck muscles, blood vessels and 4th and 5th cervical vertebra. These injuries were ante mortem caused by sharp and hard object. In the opinion of the Doctor, the cause of death was syncope as a result of excessive haemorrhage from the injury.