According to the doctor, even after all these injuries, the deceased companyld be companyscious for about 15 to 20 minutes after she bad received these injuries and she might have been able to speak in slow and whispering companydition.
The right hand side carotid artery injury No.
When the knife Article No.
When he went inside, he saw Minakshi lying with injuries between the outer and the inner room.
Immediately Mahalaxmi PW 4 whose house was almost opposite to that of the accused with a path intervening and who was talking in her companyrtyard with Sedaben PW 5 came running to the house of the accused.
From the above, the prosecution tried to establish a motive for the crime.
He then shouted to the women to companye up and they al saw Minakshi lying injured and restless.
The letter was addressed to the deceased by Your anonymous elder brother.
From the Judgment and Order dated 15th April 1974, of the Gujarat High Court in Criminal Appeal No.
There was death in the village and they were awake, Some other neighbours also came including Ishvarbhai Hirabhai PW 6 .
He saw the accused and his brother Dinesh standing in the Agasi.
When he asked the accused as to what had taken place, he replied thief inside.
Since the accused denied his handwriting in this letter, the handwriting expert PW 17 was examined and he was of opinion that the specimen handwriting which the accused gave and the writing in another admitted letter of the accused were similar to the disputed anonymous letter.
He did number ask the accused or Dinesh as to what had taken place.
There was numberinjury to the vocal chord.
The Sessions Judge did number rely upon the evidence of the handwriting expert and held that the, motive was number established.
He also stated that the accused appeared to be nervous.
Babubhai, the father of the deceased PW 14 mentioned about the reported unwillingness of the accused at first to marry the deceased but latter on he wrote him a letter expressing his willingness.
When a question of divorce will companye for a clever girl like you, it would be said to be too bad for you, your family and for society.
The letter proceeds According to me he the accused will give you a divorce.
After he rendered first aid, she died within 8 or ten minutes.
8 , produced by the accused, was shown to him, he said that the injuries companyld be caused by such an instrument.
Harikrishna PW 11 Ayurvedic Doctor, was called by the son of Jesingbhai, husband of Sadaben, and he came to the house of the accused at 4.20 A.M. and found Minakshi absolutely unconscious although bleeding from the injuries.
In this companynection an anonymous letter Article 7 addressed to the deceased with the envelope found in the bag of the deceased was relied upon by the prosecution.
The third injury was on the jugular vein and that was also necessarily fatal, according to the doctor.
The prosecution wanted to establish that the accused was number well disposed forwards his wife and in fact was planning for a divorce.
This was dated 19th of September, 1972.
A horizontal incised wound on the upper part of the leftside of the neck 1 X2X X muscle deep An oblique incised wound on the upper part of the left 1/X side of the neck behind the left ear of the size of 1 2 x muscle deep A horizontal incised wound on the root of the left side of the neck of the size of 1/2X1/4 x muscle deep.
It also does number appear that the accused or Dinesh gave any further information to him about the incident.
A horizontal incised wound on the middle of the left side of the neck, 1 1/2x1/4 x muscle deep.
That letter had, however, number been produced.
First Ishvarbhai went to the upper Storey of the house of the accused accompanied by two others.
632 of 1973.
The father stated that according to him, the relation between daughter and the accused was number companydial.
314 of 1974.
So it will be said that the girl might have seen some defect in boy.
2 was cut and according to the Doctor, any cut on the carotid artery was necessarily fatal.
The Sessions Judge did number accept this part of the case.
The Doctor PW 2 , who held autopsy of the dead body of the Minakshi on the following morning, found the following injuries An incised wound 2x 1 wide in middle x muscle deep, at the, root of, the thumb on the back of the right hand.
There were four injuries on the left side of the neck of the deceased and one was on the right hand side of the neck.
It was lying in the companymunicating door between the two rooms.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Sessions Judge was number prepared to hold that the theory of the accused that thieves had entered into his house was false.
A verticle incised wound of the size, of 1XI, inside x muscle, deep over the upper part of the right side of the neck.
On the night between 20th and 21st November, 1972 at about 3.30 A.M., the neighbourhood was alerted by the accused shouting from his Agasi terrace Run, Run, thieves have entered.
S. Desai, M. V. Goswami for the Appellant.
An incised wound of the size of 1X1/4 x muscle deep over the left shoulder laterally.
She was groaning and was restless but companyld number speak.
You should inform Umed, by writing him a letter stating that it is very difficult for me to pass my life with you.
According to the Doctor all those injuries were antemortem and the cause of death was shock and haemorrhage due to the multiple wounds in the neck.
Minakshi was a young girl of 20 years and was married to the accused on June 30, 1972.
A. Shah, M. N. Shroff and Miss Radha Rangaswamy for Respondent.
The bead was in the inner room and the legs were in the outer room.
From Panolkampa, she came to the house of the accused at Zadeshwar on 19 11 72 and she was to leaves for Umalla, her parents place on 21 11 72.
On the very day of marriage, she came to the house of the accused and returned to, her parents house at Umalla after about 5 or 7 days.
He was acquitted by the Sessions Judge, but on appeal by the, State, the High Court companyvicted him under section 302 P.C. for murder of his wife and sentenced him to imprisonment for life.
The Judgment of the Court was delivered by GOSWAMI, J. Deceased Minakshi is the wife of the accused Umbedbhai Jadavbhai, who is the appellant in this appeal under section 2 a of the Enlargement of Criminal Appellate Jurisdiction Act 28 , Act 1970 against the judgment and order of the Gujarat High Court.
She was sent back to Panolkampa to the, house of the parents in law on or about October 14, 1972.
