SUNDER SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail appeal has been filed by Sunder Singh against his conviction under section 302 I.P.C., ordered by the learned Sessions Judge, Sri Ganganagar, on Jan. 14, 1972 sentencing him to imprisonment for life.

(2.) The case of the prosecution was that on the night between 22nd and 23rd Jan., 1971 accused-appellant Sunder Singh killed his wife Dano in his own house by using a 'kulhari' and ran away. The report was lodged by accused-appellant's brother Inder Singh, who indicated that the relations between the husband and the deceased wife were not cordial. Sunder Singh remained absconded for about ten days and was arrested by the investigating agency on Jan. 31st, 1971. An information was given under section 27 of the Evidence Act by the accused on Feb. 7, 1971 regarding the whereabouts of 'kulhari', the alleged weapon of offence, and it was discovered in pursuance of that information by the Station House Officer on that very day. The 'kulhari was suspected to have blood on it and therefore it was sealed and sent for chemical examination. The reports of the Chemical Examiner and that of the Serologist show that the 'kulhari' had human blood on it.

(3.) On Feb. 8,1971 the accused was sent to the judicial-lock-up and on application was made by the Station House Officer before the Sub-divisional Magistrate, Sri Ganganagar that a statement of the accused under section 164, Cr. P.C. be recorded. On Feb. 9, 1971 the accused was produced before the Court of Sub-divisional Officer who after observing the procedure as prescribed by section 164 Cr. P.C. and giving him one hour's time to re-think over the matter recorded the confessional statement of the accused which is Ex. P. 17. According to this statement the accused admitted to have committed the murder of his wife on the night between 14th and 15th Jan., 1971 and the version given by him was that when he came back from the field, to his house, he found two persons with his wife, and the deceased was sitting naked on a 'chaddar' spread over the floor. He further stated that his wife picked up a 'kassi' and tried to attack on him, but he could not be hit by her. He therefore picked up the axe which was lying nearby and gave two blows on the head and neck of the deceased and thereafter he went away from his house leaving his two minor children in the house. .