Report of this was carried to the police and the body was subsequently identified to be that of Parbati Devi, the second wife of the appellant, Investigation followed and the appellant was arrested on the 6th September, 1953, and put up for trial in due companyrse.
3 and 4 may be caused due to friction against the ground.
It is in evidence that the deceased woman was seen alighting at the Chakand railway station on the night of the 2nd September, 1953, at about 10 15 P.m.
142 of 1954 arising out of the Judgment and Order dated the 12th March 1954 in Sesssions Trial No.
Income tax office at Patna, and made enquiries about the appellant from a peon of the office, P.W. 12, and that the appellant was informed about this by him.
In the evening of that day, i.e., 3rd September, at about 7 P.m.
The deceased was married to the appellant in or about the year 1941 and was his second wife.
According to him.
P.W. 24, a Civil Assistant Surgeon of Gaya who examined him at 6 P.m.
This answer indicates the possibility of the injuries having been received by a person while making a murderous attack on the victim with a pen knife.
As appears from the subsequent events, she was companysidered to be a woman of loose morals.
the nature and position of the injuries were such that if the victim is lying on the ground and if the assailant is over on the chest of the victim and he is holding the victim by his left hand and if he is inflicting, injuries near about his left hand the victim is struggling making the assailant unsteady, then injuries Nos.
The evidence of W. 23, the officer in charge of Kotwali police station, Gaya, who proceeded to investigate this offence on getting information thereof at 7 A.M. on the 4th September shows that he then found the dead body of the woman, in a pool of blood underneath and near the neck, and that there was found at the time a blood stained knife near the head.
19 of 1955.
Appeal by Special Leave from the Judgment and Order dated the llth May 1954 of the Patna High Court in Death Reference No.
At the gate of the companypartment as soon as I wanted to companye out my one leg entangled with the lower part of my dhoti resulting instantaneous fell down from the train.
After a stay of about an year and a half with Nand Lall in Punjab, she appears to have left him on account of alleged ill treatment.
Parbati Devi, on the night of the 3rd/4th September, 1953 and sentenced to transportation for life.
The peon accordingly made arrangements for her stay till the evening in the quarters of the Chowkidar, P.W. 22, who lived in the companypound of the office.
that night for Gaya.
She came back to the Anath Ashram at Gaya in June, 1947, but left it again in October, 1947.
In support of his explanation he relied on an application for extension of leave sent first by telegram on the morning of the 5th of September to the Commissioner of Income tax, Patna asking for extension of leave followed by a letter of that very date to the same effect.
What happened thereafter is number clear from the evidence and her whereabouts between October, 1947 and August, 1953, are number known and do number seem to have been traced, All that appears is that for some time prior to the date of the murder she was found going up and down in places near about Gaya and that particularly on the 2nd and 3rd September, 1953, i.e., two days prior to her murder she was found going between Gaya and Patna and a place Chakand in between these two places.
It is further in evidence that after midday on the 3rd September, 1953, the appellant filed an application for casual leave for one day, i.e., 4th September and that leave was granted.
She appears to have been forsaken by her husband as also by her father in or about the year 1945 and to have sought shelter in the Anath Ashram at Gaya.
Early morning at about 7 A.M. on the 4th September, 1953, P.W. 10, Havildar, found a naked dead body of a female lying in the Kabristhan at the outskirts of Gaya about a mile and a half from the police thana.
Due to this accident I got injuries at both the knees and the cut marks in the back of my left palm.
8 of 1954 with Criminal Appeal No.
The prosecution has given evidence of three witnesses, P.Ws.
the appellant came to his quarters and took away this woman in a rickshaw.
on the 6th of September, found the following four simple injuries on his person.
Through the intervention of the Secretary of the Ashram and with the companysent of both the husband and the father, she got re married to one Nand Lail of Punjab in December, 1945.
Numbers 1 and 2 might have been caused by a sharpedged weapon such as a penknife and injuries 3 and 4 by some hard and rough substance such as friction against the ground.
That the appellant did apply for leave and got it is number disputed.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The appellant when asked about these injuries in his examination under section 342, Criminal Procedure Code stated in the Sessions Court as well as in the companymittal companyrt that he fell down at Jehanabad platform on the 3rd due to Dhoti getting entangled, and sustained injuries.
1 One wound on the left ring finger, 2 one wound on the back of left hand near thumb, 3 two abrasions in front of right knee, and 4 one small abrasion in front of left knee.
1 and 2 may be caused by his own weapon and injuries Nos.
They say that the knife which they had seen with the appellant prior to the occurrence was a knife similar to the one which was found in a blood stained companydition near the dead body.
3 and 4, two chowkidars, all of whom were on duty at Chakand railway station that night.
On receiving this information the appellant came out and on seeing the woman told the peon that she was his wife and asked him to make some arrangement to keep her for the day so that he might meet her in the evening after he was free from the office work.
The appellant Deonandan Mishra Deonandan Missir who was a stenographer to the Inspecting Assistant Commissioner of Income tax , Patna, has been companyvicted under section 302 of the Indian Penal Code for having companymitted the murder of his second wife, Mst.
2 of 1954.
The next evidence against the appellant is that he was seen that night, travelling with the deceased Parbati Devi in a companypartment of the train which left Patna at about 8 P.m.
M. Sinha, for the respondent.
The Judgment of the Court was delivered by JAGANNADHADAS J This is an appeal by special leave.
This knife was seized and marked as Ex.
All of them speak to their having seen the appellant along with the deceased woman in a third class companypartment at about 11 or 11 30 P.m.
11 13 and 18, who are respectively the Daftari, the Chaprasi and the Inspector attach to the Income tax Office, Patna, in which the appellant was working, that they had seen with the appellant a knife similar to the one which was shown to them in Court, as having been found by the side of the dead body.
P. Maheshwari, for the appellant.
September 28.
We have examined that knife for ourselves and it has a peculiarity of its own.
This evidence is that of three witnesses, P.W. 1, a daffadar and P. Ws.
There is numbereye witness to the murder and the case against the appellant depends entirely on circumstantial evidence.
These facts are spoken to by the peon, P.W. 12, and the Chowkidar, P.W. 22.
that night in the train from Patna to Gaya when it stopped at Chakand railway station for a few minutes.
The knife has an ivory handle.
The letter was addressed to the Inspecting Assistant Commissioner of Income tax, Northern Range, Patna, and runs as follows I beg to state that I started from home from Patna in the night train of 3rd September 1953.
The appellant belongs to a place called Chakanddih about a mile and a half from a railway station called Chakand, which is in between Patna and Gaya and which is about five miles from Gaya.
In his opinion, the injuries were all about three days old.
