SHANKER PANDIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Shanker Pandit has been convicted under sec. 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 accu-sed appeals against that judgment to this Court.

(2.) THE material facts as alleged by the prosecution, are that the accused Shanker Pandit worked as a syce 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 Mohammad Khan P. W. 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. Faiz Mohammed Khan then reported the matter to Risaldar Fateh Mohammed Khan as also to Captain R. S. Sodhi P. W. 8. THEse two officers also made separate inquiries 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 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 house officer, of the said police station, registered a case against Shanker Pandit under sec, 302 I. P. C and started investigation. THE dead body of Mst. Ram Bai was sent to Dr. S. N. Dugar, P. W. 3, Medical Jurist, P. W. 8, Hospital, Jaipur. He conducted the post-mortem examination of the corpse on September 19, 1967, at 4. 45 p. m. He found the following injuries on the person of the deceased - (1) On the face two abraded scchymosis on the lower part of the left cheek placed parallel to each other. Both the above injuries were placed 1. 3" and 1. 7" from the middle of the chin. THE size of each of the said injuries was 1/4" x 1/10. " (2) Four patches of abraded ecchymosis in an area of l"x7/10" on the front of neck slightly left to the medial line. THE biggest patch was triangular shaped l/3"xl/3'l in size. (3) THEre were multiple abrasions in an area of 1. 2-3/4" on the right lateral side of the neck, 3" below the lower part of the right ear. THE said injury was consistent with nail and finger marks. (4) THEre was a small abrasion 1/4"xl/6" one inch above the injury No. 3. In the opinion of the Doctor the cause of death was possibly manual strangulation. THE effect of the injuries could have caused death. After necessary investigation the police put up a challan against the accused Shanker Pandit in the court of the Additional Munsif Magistrate (West), Jaipur city. THE said Magistrate conducted preliminary inquiry in accordance with the provisions of sec. 207 A. Cr. P. C. and committed the accused to the Court of the Sessions Judge, Jaipur City, to face trial under sec. 302 I. P. C. On December 13, 1967, the accused was charged by the trial court for the offence of murdering his wife Mst. Ram Bai, to which he pleaded not guilty and claimed trial. THE prosecution examined nine witnesses. In his statement recorded under sec. 342 Cr. P. C. , the accused stated that his wife had fallen ill on the previous day of her death. She could not sleep in the night and in the morning when he got up, he found her fast asleep. Abdul Gafoor came to him and he was told that his wife had fallen ill. He saw his wife. When he found her in a precarious condition, he suggested to him to confess his guilt as nobody would believe that his wife died of natural death. Soon after Faiz Mohammed, R. S. Sodhi, Sardar Singh and several other persons arrived at his quarter. R. S. Sodhi put him in the custody of the quarter-guard. THEreafter he was taken to the police station. THE accused has further stated that the prosecution witnesses are Mohammedans and he being a Hindu, they are giving false evidence against him. Shanker Pandit did not produce any evidence in his defence. Eventually the trial court convicted and sentenced him as aforesaid.