KALI Vs. STATE

JUDGEMENT

(1.) This is a reference, made by the learned Sessions Judge, Mandi and Chamba, Sessions Division.

(2.) The petitioner was hauled up, under Section 302 I. P. C., for Ac murder of Smt. Parvati. The prosecution case, against the petitioner, was that she nursed a grudge, against Smt. Parvati, as the latter used to call her a woman of loose character and that the petitioner had taken revenge by murdering Smt. Parvati on the 9th May, 1964, in Domedhi Nal, when Smt. Parvati had gone to graze cattle, in the morning. As Smt. Parvati did not return home for her lunch, her husband, Brij Lal, along with others, had gone in search of her. The dead body of Smt. Parvati was spotted by one Smt. Ganeshu. The dead body was naked. There were blood stains on the vagina, thighs and abdomen. There were injuries on the head and face of the dead body. Three long bloodstained hair were found in the half closed fists fit the dead body

(3.) The report, about the murder, was lodged at the Police Station Goher on the 10th May, 1964. During the course of investigation, the petitioner was arrested and certain recoveries and discoveries of blood-stained articles were made. The dead body of Smt. Parvati was sent to the Civil Hospital, Mandi, for postmortem examination. Doctor Rajan Dev had performed the postmortem, examination He had found injuries on the head and face of the dead body and was of the opinion that death was due to hemorrhage and shock.