REWARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the appellant Rewaram has challenged his conviction Under Section 302 of the Penal Code for which he has been sentenced to imprisonment for life for committing the murder of this wife Gyanwatibai between intervening night of 13th end 14th of May 1972.

(2.) THE prosecution case is this: The deceased Gyanwatibai resided with her four children with the appellant in the house of Bhurkan Bai (P. W. 1) for the last five years. At about midnight, Bhurkan Bai (P. W. 1), Nathulal (P. W. 3) and Dhansingh (P. W. 4) heard cries of Gyan- watibai and her children. Hence, they went to the house of the appellant and found the outer door locked from inside. Despite calls to open the door, the door was not opened and, therefore, the door was forcibly opened. It was found that Gyanawatibai was lying close to her bed on the ground in a pool of blood and the appellant was standing close to her. He had a blue handled open knife (Art. C-l) in his hand. On being reprimanded by Bhurkanbai, the appellant handed over the knife to her and went out of the room without speaking anything. Gyan-wati also rushed out of room and fell down in her Chapri. Gyanwati was brought to Katangi police-station where she lodged the first information report, Ex. P-34 at 4. 30 A. M. on May 14, 1972, the police-station being at a distance of eight kilometers.

(3.) DR. R. S. Rajput (P. W. 20) examined Gyanwati at 6 A. M. and, as per report (Ex. P-30), found 14 incised wounds on her person caused by a hard sharp object. Between 7. 20 A. M. to A. M. Dr. K. R. Pachori (P. W. 21) recorded her dying declaration (Ex. P-33 ). She was then sent to the main hospital at Bala-ghat where she was admitted as an indoor patient at 1. 30 P. M.