NATHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Nathusingh was convicted Under Section 302, IPC for committing the murder of his wife Mst. Dariyab Kanwar and was sentenced to imprisonment for life with a fine of Rs 1000/ -, in default of the payment of fine to further undergo six months rigorous imprisonment by the learned Sessions Judge, Jalore, vide his judgment dated Dec. 7, 1979. The accused has come -up in appeal to challenge his conviction.

(2.) STATED in succinct, the prosecution case is that Mst. Dariyab Kanwar and her son Gangasingh (PW 1), aged about 19 years, were sleeping in the open court -yard of their house in village Thanwla P.S. Ahore district Jalore in the intervening night of June 27/28, 1979. At about 3.00 or 3.30 A.M., Gangasingh awoke on bearing some noise. He got up and saw blood oozing out from the head injury of his mother Mst. Dariyab Kanwar and his father (accused Nathusingh) standing by her with an axe in his hand. The accused struck one more blow on the head of Mst. Dariyab Kanwar. Ganga Singh raised cries, hearing which his brother Rawatsingh (PW 2), his cousin Bhawani Singh (PW 3) and his uncle Ramsingh (PW 4) arrived on the spot. They all caught hold of the accused and tied him with a cot to prevent his escape. Bhawanisingh (PW 3) went to Gudda and brought doctor Chandraprakash (PW5) on the spot at about 4.50 A.M. Mst. Dariyab Kanwar was still then alive, but passed away after sometime. PW 1 Gangasingh went to Police Station, Ahore and presented written report Ex. P 1 of the occurrence at about 8.00 A.M. on June 28, 1979. The police registered a case and took up the investigation. Station House Officer Shaukat Ali (PW 9) contacted the Deputy Superintendent of Police Amrit Soni (PW 6) The investigation was made by the Deputy Superintendent of Police. He arrived on the spot, inspected the site and prepared the inquest report of the victim's dead body. Her blood -stained clothes were seized and sealed. The accused was arrested on the same day, vide arrest memo Ex - P. 7. Dhoti (Ex. 2) and shirt (St. 3), which he was wearing at that time and which were found smeared with blood, were seized and sealed. In consequence of the disclosure statement made by the accused on the same day, axe (Ex 1), which he had wielded in inflicting the blows to the victim, was recovered. The autopsy of the victim's dead body was conducted at about 11.30 A M. on June 28, 1979 by PW 5 Dr Chandra Prakash. He noticed the following ante -mortem injuries on her dead body: External

(3.) WE have beard Shri M.C. Bhandari, learned counsel for the accused and Shri Niyazuddin Khan, learned Public Prosecutor for the State. We have also gone though the case file carefully.