SHYAMJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Sessions Judge, Banswara dated 16/01/1991 by which he has convicted the accused appellant under Sec. 302, I.P.C. and sentenced him to life imprisonment and to pay fine of Rs. 100.00 and in default of payment of fine to further undergo seven days R.I.

(2.) Brief facts giving rise to the present appeal are summarised as follows : On 14-8-87 at about 2.00 p.m., the informant Laxman (P.W. 7), brother of deceased Mst. Loonji, lodged first information report (Ex. P/6) at the police station Anandpuri to the effect that during the night intervening 13th and 14/08/1987, the informant, Laxman, her sister and her mother-in-law were sleeping on the cots outside the gate, his brother-in-law Shyamji (accused) came there at about 12 in the night in a drunken condition and he asked his wife Mst. Loonji for giving him food. She said that he left the house after taking his meals. On this, he started beating her. When Mst. Loonji started running he caught hold and dragged her in the 'Angan'. On her hue and cry, he (Laxman, P.W. 7) got-up from sleep and saw the accused throwing a stone on the head of Mst. Loonji. Other members of the house also got-up. Relatives also came there. Mother-in-law of Mst. Loonji informed Chatra that Mst. Loonji is lying dead in the 'Angan'. On this information, a case under Secs. 302 and 323, I.P.C. was registered and usual investigation proceeded. During investigation, the police prepared site-plan, Panchnaina and Inquest Report. Post-mortem examination was held on 15-8-91 by a Medical Board consisting of three doctors. The accused was arrested on 16-8-91. He gave information Ex.P/13 for recovery of bloodstained stone with which he caused injury on the head of the deceased. In pursuance of the said information, a bloodstained stone piece was recovered. Bloodstained clothes of the deceased, bloodstained soil, controlled soil and bloodstained stone piece was duly sealed, they were sent for chemical examination to the Forensic Science Laboratory, Jaipur and on examination, these articles were found stained with human blood. After completing investigation, challan was filed under Sections 302 and 323, I.P.C. against the accused in the Court of Munsif and Judicial Magistrate, Banswara who committed the case to the Court of Sessions Judge, Banswara for trial. Charge under Sec. 302, I.P.C. was framed against the accused. He did not plead guilty and claimed for trial. The prosecution examined as many as 15 witnesses. The accused was examined under Sec. 313, Cr. P.C. and he admitted that he contacted a 'Nata' marriage with the deceased, she was living with him as his wife and she died. He denied the remaining prosecution story. He did not produce any evidence in his defence.

(3.) It is contended by the learned counsel for the appellant that no case under Sec. 302, I.P.C. is made out against the accused-appellant and it is clear from the post-mortem report (Ex. P/19) that only three simple injuries were found on the person of the deceased Mst. Loonji. He further contended that the Board of doctors who conducted the post-mortem examination of the deceased has mentioned in the post-mortem report (Ex. P/19) that the exact cause of her death could not be made out as the dead-body was completely decomposed. He also contended that it is well proved from the prosecution evidence itself that the relations in between the accused and Mst. Loonji were cordial, and the accused-appellant had neither any intention to cause fatal injuries to his wife nor had knowledge that the injuries caused by him would result into her death. He further contended that except the informant Laxman (PW 7), all the prosecution witnesses have turned hostile and it is not mentioned in the FIR Ex. P-6 that the accused-appellant had inflicted a lathi blow on the head of the deceased Mst. Loonji. He lastly contended that according to the statement of Laxman PW 7, the accused-appellant caused two injuries on the head of the deceased, one by lathi blow and another by throwing a stone piece but on post-mortem examination, only one simple injury on the head of Mst. Loonji was found. He relied upon Smt. Sridevi v. State, 1974 Cri LJ 126 (All), Public Prosecutor v. Nalam Suryanarayana Murthy, 1973 Cri LJ 1238 (Andh Pra) and Jani Gulab Shaikh v. State of Maharashtra, 1970 SCC (Cri) 532.