SHANKER PANDIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Shanker Pandit has been convicted under Section 302, I. P. C, for murdering his wife Mst. Ram Bai, aged 16 years, and sentenced to imprisonment for life by the learned Sessions Judge, Jaipur City, on February 27, 1968. The accused appeals against that judgment to this Court.

(2.) THE material facts of the case, as alleged by the prosecution, are that the accused Shanker Pandit worked as ayce in 61, Cavalry, C squadron, Jaipur. He was residing in quarter No. 9, located in the family lines of the above Cavalry. As a groom, it was his duty to take care of the Cavalry horses and to keep ready a horse for the use of his officer Dafedar Abdul Gafoor P.W. 4. In the morning of September 19, 1967, the said Dafedar went to the stable where he did not find his horse ready to take for a ride. On his inquiry, Shanker Pandit candidly told him that he had killed his wife as he had suspected that she had been in liaison with some other person. Abdul Gafoor, having been so informed, apprised Dafedar Major Faiz Mohammed Khan PW 8 of what he had been told. Shanker Pandit was called by Faiz Mohammed Khan. On his query he too was told by the groom that he had murdered his wife. Then reported the matter to Rasaldar Fateh Mohammed Khan. Faiz Mohammed Khan as also to Captain R. S. Sodhi (PW 8). These two officers also made separate inquires from the accused and he reiterated before them the facts as to how he had killed his wife. Dr. J. P. Mathur, P.W. 2, Regimental Medical Officer, 61, Cavalry, Jaipur, was called by Mr. Sodhi for the examination of Mst. Ram Bai. Dr. Mathur found the woman dead as a result of the throttling. The accused was then put into the custody of the quarter -guard. The police station, Sadar, Jaipur, was informed by the military authorities, P. W. 9 Ramchander, station officer of the said police station, registered a case against Shanker Pandit under Section 302, IPC , and started investigation The dead body of Mst. Ram Bai was sent to Dr. S N. Dugar, P. W. 3, Medical Jurist, S.M.B. Hospital, Jaipur. He conducted the post mortem examination of the corpse on September 19, 1967, 4. 45 p. m. He found the following injuries on the person of the deceased:

(3.) THERE was a small abrasion ¼" X 1/6" one inch above the injury No. 3.