JUGAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Sessions Judge, Bikaner on April 5,1977 by which appellant Jugal Kishore was convicted for the offence under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 200/ -, in default of payment of fine to undergo six months R.I.

(2.) THE prosecution case is that on August 6, 1976 at 11.00 a.m. appellant Jugal Kishore with a knife in his hand and his clothes stained with blood, went to the Police Station, Sadar, Bikaner and lodged me report Ex. P 32. That report was in a way confession of the appellant for commuting the murder of his wife because of quarrel between the two. Kushal Chand (PW 12), Station House Officer of the Police Station arrested the appellant vide memo Ex. P 8 and recovered Ex. P 2 knife from his possession vide Ex P 9. The accused was kept in custody there. As the appellant had one injury on his knee he was sent to hospital for medical examination. Dr. Bhaira Ram (PW 8), Medical Jurist, P.B.M. Hospital, Bikaner noted one injury with sharp edged weapon on knee of the appellant and prepared the Injury Report Ex. P 12. The SHO sent information to Kalyan Mal Sharma, Dy. S.P. The Dy. S.P. went to the site and proceeded with the investigation. Kushal Chand, SHO also went to the site and assisted in the investigation. The d ad body of Smt. Shanti wife of the appellant was lying in the court yard of her house. She had injuries on her person. The injury report and Panchnama were prepared by the Police. The blood soaked earth and soil were taken from the site. Dr. R.S. Gehlot (PW 7), Medical Jurist, P.B M. Hospital, Bikner conducted the autopsy over the dead of Smt. Shanti on the same day at 3.00 p m. The Doctor noted four stab wounds and three incised wounds on the dead body. In the opinion of the Doctor all the injuries were antemortem in nature. The duration of death was estimated to be between three to six hours prior to the post mortem examination. The cause of death was cumulative effects of all the injuries sustained by the deceased. The post mortem examination report Ex P 11 was prepael. Statements of the witnesses were recorded. In the evening of the same day, the blood stained half pants and shirt which the appellant is said to be wearing at the time when he went to the P.S. were taken in possession vide memo Ex. P. 31. The handle and one paddle of the cycle on which the appellant is said to have gone to the Police Station were suspected of having blood on them and taken in possession. The blood stained clothes of the appellant and the deceased, the knife Ex. 2, the earth taken from the site and the handle and paddle of the cycle were sent for chemical examination. The report of the Chemical Examiner is Ex. P. 34 and that of the Serologist is Ex P 35. According to the Serologist all items except the handle and paddle of the cycle had human blood.

(3.) THE learned Sessions Judge charge -sheeted the appellant for the offence under Section 302, IPC and recorded his plea. On his denial of the indictment, trial proceeded. Prosecution examined 12 witnesses in all. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the allegations levelled against him and stated that the police caused knife injury to him and then stained his clothes with blood. He has stated that he had very good relations with his wife. That, when he went to the house, he saw his wife lying dead in the court -yard and knife was lying by her side. That, he became grief -stricken and began to weep. That sometime there after Police came with Moolchand PW 10 to his house. Moolchand was annoyed with him for the reason that he had suspected him of having illict relations with his wife. No defence witness was examined. The learned Sessions Judge placed reliance on the prosecution evidence and passed the judgment under appeal.