NANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MANIA his preferred the appeal through jail against the judgment of the learned Sessions Judge, Udaipur, passed on 26th May, 1972, by which he convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life for the murder of his own wife Mst. Khimi on 7 -2 -1971.

(2.) THE prosecution case, in brief, is that on 7 -2 -1971 Mst. Khimi (wife, of the accused) along with Mst. Jumli and Mst. Panchli had gone to the jungle of Magra for collecting the fuel -wood. Mst. Jumli is Khimi's brother's wife and Mst. Panchli is Khimi's sister. The deceased Mst. Khimi was the wife of the accused appellant. After collecting the fuel Khimi, Jumli and Panchli were returning home with bundles of fuel wood on their heads. When they reached near the temple of Asha Puri Mata, the appellant Mania reached there. He threw the bundle of fuel from Mst. Khimi's head and Ruled her to some distance and then gave a severe blow with an axe on her bead, as a result of which Mst. Khimi fell down unconscious and was bleeding. Thereafter the appellant ran away along with the axe. Mst. Panchli then went to the village and informed Lala PW 2, maternal uncle of Khimi, who along with some other persons came on the spot and found Mst. Khimi lying injured and unconscious. They carried her on a cot to the police station Bikarni, where Lala lodged the report. The First Infjrmition Report is Ex. P.4 Mst. Khimi was sent to the hospital (PHC) Kotra, where Dr Sunderlal PW 1 examined her on 8 -2 -1971 and found an incised wound on her head with a fracture of the frontal bone, the brain matter had come out. She was unconscious He prepared the injury report Ex P1. He referred her to the General Hospital, Udaipur, where Dr. S.S Baxi P.W. 9, examined her on 9.2.1971 and prepared the injury report Ex. P.2, She was admitted to the hospital where she succumbed to the injury on 15.2.1971. Buxi performed the autopsy of the dead body of Mst. Khimi. The post mortem report is Ex. P.3. The appellant was arrested on 8.2.1971. On the same day, after his arrest, the appellant furnished information to Mohan Lal S.H.O P.W. 10, regarding the concealment of the axe. This information was reduced in the writing which is Ex. P.10. In consequence of the information, the axe Art Ex. 1, was recovered for on the house of the appellant The recovery memo for the same Ex. P1 was prepared. The axe was covered and sealed and later on sent for chemical examination. It was found to be stated with human blood. The report of the Chemical Examiner is Ex. P.13 and the report of the Serologic is Ex. P.15. After completing the investigation, the police put up a challan against the appellant under Section 302 IPC.

(3.) THE appellant pleaded not guilty to the charge. In his statement before the Committing Court, he had denied having inflicted any kulhari blow or Mst. Khimi. He has however, stated that his mother was ill and his wife i.e. Mst. Khimi was at her father's house, so he wert to fetch her bat she was refused to be sent with him, thereafter he does not know what happened. In Iris statement under Section 342 Cr.P.C. (1898), the appellant denied the prosecution story and pleaded that he has been falsely implicated by Lala with whom he was not on good terms. He also stated that one Hansia had illicit intimacy with Mst. Khimi and he wanted to take her away but Mst. Khimi was not prepared to go with him Hansia threatened Mst. Khimi that he would kill her if she does not accompany him (Hansia). Lala is said to be the nephew of Hansia. The appellant has not produced any witness in his defence.