HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE brief facts giving rise to this appeal are that on December13 1972, the accused-appellant Heera committed the murder of his wife Mst. Pushpa and thereafter attempted to commit suicide. His son PW 12 Mangiya 'ran to his uncle PW 2 Uda and informed him that his father had com-mitted the murder of his mother and has closed himself inside. On receipt of this information PW 2 Uda appeared on the scene of the occurrence and asked the accused to open the door and come out of the house. Instead of agreeing to the proposal the accused pointed out a gun as a result whereof he ran away for help to PW 1 Uda son of Roopa and other villagers. He returned on the scene of the occurrence with other persons. THE villagers found the house bol-ted from inside However, on their persuasion the accused opened the door and come out. On opening of the door the villagers noticed that the accused's wife Mst. Pushpa since deceased, having sustained three injuries on her person. THEy also noticed a wound on the neck of the accused. An axe and a sickle smeared with blood were also found lying there. 2 On December 14, 1972 at 1 p. m. first information report Ex. P/1 of the occurrence was lodged at Police Station, Jawahar Sagar Dam District Bundi In the course of investigation, autopsy on the dead body of Mst. Pushpa was performed by PW 20 Dr. Gyaneshwar Malviya, who detected the following external injuries on the dead body of Mst. Pushpa: - 1. . . Incised wound 3"x1/2 just below the chin over the neck anteriorly situ-at?d cutting skin and fascia.

(2.) 3" x 1" incised wound over the right side of neck just below the first wound cutting skin laryax hyoid bone trachea and oesoehagus.

(3.) THE short question that arises for determination is whether the prosecution has succeeded in bringing home the guilt under sec. 302 and sec. 309 I. P. C. to the appellant.