The accused and Magan Lal jointly ran a small shop at a short distance from their house.
The prosecution case is that Bai Thakari deceased was the daughter of Lakhmanji PW 7 .
28 on the basis of statement Ex.
After sitting there for about an hour, the accused met Shiv Lal, whose shop is also near Dharamshis shop.
The Sub Inspector prepared first information report Ex.
The police station is at a distance of about a furlong from the house of the accused.
At that time I thought that my wife might have gone to answer the call of nature and the door must have been closed.
But I did number companyfess.
The accused then took the Sub Inspector to his house and pointed to the dead body of Thakari lying there.
The clothes of the accused were sent to the chemical analyser whose report showed that they were stained with blood.
At the trial the accused in his statement under Section 342 of the CrPC denied the prosecution allegations about his having murdered his wife or about his having before that maltreated her.
A knife was also lying near the dead body.
On September 23, 1967 at about 10 a.m., it is stated, Dharamshi PW 8 , whose shop is situated near the house of the accused, saw the accused sitting on a stone opposite Dharamshis shop.
In appeal Mr. Chari on behalf of the appellant has argued that there is numbercogent evidence on the record to show that the accused was present with the deceased at the time of the present occurrence.
The above stand has been companytroverted by Mr. Dholkia on behalf of the State.
Till about 20 days before the present occurrence, the accused along with Thakari deceased as well as his younger brother Magan Lal PW 3 and the latters wife Bai Dahi PW 4 used to Jive with his elder brother Daya Ram in Sindhi Colony in the town of deesa.
At about 12 numbern on that day, the accused was seen running towards the police station by Natvar Lal PW 5 who has a Paan Biri shop in Gandhi Chowk Deesa.
Mamlatdar had asked me as to what I was knowing about the offence?
The accused appeared to be in a state of excitement at that time and did number speak to any one.
So again I went to my shop, and then again I returned.
According to the report of the serologist, the blood in question was of human origin.
The case against the accused was held to have been number proved beyond reasonable doubt.
The accused, however, has denied this allegation.
My clothes were stained with blood.
who performed the post mortem examination on the dead body of Thakari deceased, found seven incised wounds on her neck.
Govind Lal PW 2 also saw the accused on that day running with blood stains on his clothes towards Gandhi Chowk.
At that time her both the hands were bent.
The case of the prosecution is that it was the accused who had caused injuries to the deceased as a result of which she died.
I told the P.S.I, that I did number know as to who has murdered my wife.
The deceased companyplained to her father that the accused maltreated her.
About 20 days before the occurrence the accused and Magan Lal separated from Daya Ram and along with their wives started living in a house in Mata Sheri, another locality of that town.
It was, however.
At that time I had gone home from my shop and found the door of my house closed.
She was married to the accused about two years prior to the present occurrence.
Then P.S.I, abused me, slapped me, and told me that I was the murderer of my wife.
Dr. Hargovindbhai.
As regards the blood stains on his clothes, the learned Counsel has submitted that satisfactory explanation was furnished by the accused.
The clothes of the accused were at that time stained with blood.
Post mortem examination was performed on the dead body by Dr. Hargovindbhai at 5 p.m. on that day.
I told him that I knew numberhing and I was threatened to companyfess.
Shortly thereafter, the accused went to his house.
The accused, in the opinion of the High Court, was alone in the house along with the deceased at the time of the occurrence.
Then in order to see whether she was alive or dead, I tried to lift her and at that time my clothes and persons were stained with blood.
After the marriage The accused was number on speaking terms with his father in law and did number allow Thakari deceased to visit her fathers house.
No injuries were numbericed on his person.
The hands and legs of the accused were found stained with blood.
She had cuts on her neck.
Then I opened the door, and my wife appeared to have been murdered.
Then I was taken to the Mamlatdar after about 10 or 12 days.
In the result, the acquittal of the accused was set aside and he was companyvicted for the offence under Section 302 Indian Penal Code.
The accused arrived at the police station Deesa at about 12.15 p.m. and made companyfessional statement Ex.
In order to prove its case against the accused, the prosecution has number produced any ocular evidence but has relied upon the circumstance that the accused was alone with the deceased at the time of the occurrence.
On that day old Chappies were lying near my house.
So I was going running to inform the police about this, and at that time Govind had seen me going to the police station, I informed the P.S.I, that someone has killed my wife.
found that the accused had number been allowing Thakari deceased to go to her fathers house The High Court referred to the evidence of Dharamshi PW 8 and came to the companyclusion that the accused had shortly before the occurrence gone inside his house.
His companyduct after the occurrence, in the view of the High Court, pointed to his guilt.
The explanation furnished by the accused regarding the blood stains on his clothes was found to be false.
Then I was arrested.
The accused admitted that on the day of occurrence he was seen running towards the police station with stains of blood on his clothes and gave the following version.
He was accordingly acquitted.
The accused and Shiv Lal then went together to the house of the accused.
The injuries, according to the doctor, were sufficient to cause death and resulted in her instantaneous death.
The Sub Inspector also took into possession the blood stained clothes of the accused and put them in a sealed parcel.
The accused has number companye up in appeal to this Court by special leave.
R. Khanna, J. Khatri Hemraj Amulakh 27 was tried in the companyrt of Sessions Judge Palanpur on a charge under Section 302 Indian Penal Code for the murder of his wife Bai Thakari 20 and was acquitted.
At that time I was going to police station.
