TULSIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated January 21,1980 the learned Sessions Judge, Partabgarh (camp Chittorgarh) has convicted the accused Tulsiram under Section 302, IPC for committing the murder of his wife Mst. Narayani and sentenced him to imprisonment for life with a fine of Rs. 100/ - in default of the payment of fine to further undergo one month's rigorous imprisonment. The accused has come -up in appeal to challenge his conviction and sentence.

(2.) BRIEFLY stated, the case set -up by the prosecution is that the appellant and his wife Mst. Narayani were working on June 28, 1979 in their field situate nearly two furlongs away from their village Rnjgarh P.O. Begun district Chittorgarh. The appellant was addicted to liquor. In the afternoon, while they were still working there, Mst. Narayani requested the accused not to take liquor as much work was still to be done. This enraged the accused. He took -up a stone lying nearby and started hitting Mst. Narayani on her head with it. He continued to hit her till she died. There was profuse bleeding from her wounds. PW 5 Banshi Lal, PW 6 Chuna and PW 7 Hemraj happened to pass in the way situate nearby this field. The accused told them that he had killed his wife. From there the accused went to his younger brother PW I Sangram, who was working in his field. The accused told him that he had killed his wife and he was going to lodge a report at the Police Station. He asked Sangram (PW I) to go to the field where the dead body of Mst. Narayani was lying under a Banyan (Badh) tree. Sangram (PW 1) took his nephew Roopa (PW 2) with him and came to the field of the accused where the dead body of Mst Narayani was lying. They also found a stone and the clothes of the deceased stained with blood. The accused appeared at about 6.00 A.M. on June 24, 1979 at Police Station, Begun and verbally lodged report Ex. P. 8 of the occurrence. In this report he stated he had committed the murder of his wife Mst. Narayani by striking blows on her head with a stone and that her dead body was lying in his field. The Station House Officer Surendra Kumar (PW 9) registered a case under Section 302, IPC and proceeded with investigation. The accused made a disclosure statement recorded in Ex. P 9 at about 6.15 A.M. on the same day in which he stated that he was prepared to get the dead body of his wife and the stone with whieh he killed her, recovered. The investigating officer took the accused and the Motbirs with him and arrived in the field of the occurrence where the dead body of Mst. Narayani was lying and PW 1 Sangram and PW 2 Roopa were sitting nearby. He prepared the inquest report of the victim's dead body and inspected the site. He also took in possession two pieces of stone lying nearby the dead body. The accused was formally arrested thereafter. The post -mortem examination of the victim's dead body was conducted at about 3.40 P.M. on June 29, 1979 by PW 3 Dr. Narendra Kumar, the Medical Officer Incharge, Primary Health Centre, Chechi. The doctor noticed Hie following injuries on the body of the deceased: External

(3.) WE have heard the learned amicus curiae and the learned Public Prosecutor. We have also carefully gone through the record of the case.