MANGLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dated Oct. 1, 1977, the learned Sessions Judge, Jodhpur convicted accused Manglaram under Sec. 302, I P. C. for committing the murder of his wife and sentenced him to imprisonment for life. The accused has come up in appeal to challenge his conviction and sentence.

(2.) Put briefly the prosecution is that Smt. Douli aged about 18 years was the wife of the accused He suspected her fidelity. At about 6p m. on 21. 5. 77, while she was grinding wheat in her Jhoopar, the accused went to her with a lathi and struck blows on her head and other limbs. She succumbed to the injuries instantaneously. The accused thereafter took to heels. His father Phoosaram (P. W. 4) seeing him running came to Jhoopa' and found Smt Douli lying dead. Ho collected P W. 1 Narainram, P.W. 2 Harjiram, P.W. 3 Bhuraram, P.W. 5 Manglatam and P.W. 6 Gehararam The accused was caught and brought to the Jhoopa. Before them, he admitted ihat he had killed his wife Smt. Douli as he suspected her fidelity. The report of the occurrence (Ex. P/I) was drawn up by Sarpanch Harjiram (P.W. 3) and was sent to police station, Osian with P.W. 1 Narainram. He reached there at about 10. a m on 22. 5 77 and presented the report Ex P/1. The police registered a case and proceeded with investigation. The Station House officer Shri Hukamsingh (P. W. 7) arrived at the spot in village Ghewada on the same day and prepared inquest report Ex. P/2. He inspected the site and prepared the site memo. The blood stained soil was seized and sealed. The blood stained clothes of the victim were also seized and sealed. The post mortem examination of the victim's dead body was conducted at about 5:30 p. m. by P. W. 10 Dr. K. C. Chopra the then Medical Officer In charge, Government Dispensary, Osian. The doctor found the following injuries on the victim's dead body :

(3.) In the opinion of Doctor Chopra, the cause of death was coma resulting from head injury, fracture of occipital bone and compression of the brain matter and the brain injury. He was also of the opinion that injury to the occipital bone was sufficient in the ordinary course of nature to cause death. All the injuries were ante-mortem and the death should have occurred at about 6 30 p. m. on 21. 5. 77. The postmortem report issued by him is Ex. P/20. The accused was arrested on 27. 5. 77 vide arrest memo Ex. P/11. In consequence of the information furnished by the accused whilst under police custody, lathi (Art. 4) was recovered. It was seized and sealed and seizure memo Ex. P/13 was prepared. The articles were sent for Chemical examination. The human blood was found on all of them including lathi (Art. 4), as per report of the Forensic Science Laboratory and serologist. On the completion of investigation, the police presented a challan against the accused in the court of Munsif and Judicial Magistrate, Jodhpur District, Jodhpur, who committed the case for trial to the court of Sessions Judge. he learned Sessions Judge framed a charge under Sec. 302, Penal Code against the accused to which he pleaded not guilty. During trial, the prosecution examined 11 witnesses and filed some documents In defence, no evidence was adduced. The accused took the plea of insanity. The evidence adduced by the prosecution against the accused consisted of two sets (1) extra judicial confession made by him before his father and other witnesses and, (II) recovery of lathi (Art. 4) at his instance, which was found stained with human blood. On the conclusion of trial, the learned Sessions Judge held the charge duly brought home to the accused. The defence of insanity was rejected. The accused was convicted and sentenced as mentioned at the very out set.