doctor.
The accused admitted that his wife was utterly dissatisfied and was unhappy because he was addicted to drink, but stated that he had endeavoured to companytrol his vice.
The prosecution evidence with regard to a mainly companysists of the testimony of Dr. Khade who companyducted the post mortem examination of Malti.
Mar kat then went to Dr. Mali and Dr. Kul karni to inform them about the death of his wife.
Sun porting evidence is also furnished by the Panchnama Ex.
The appellant then administered saline water to the deceased to induce vomitting and she vomitted.
At the time of Maltis death,no other person excepting the accused, was in the house.
He also found extravasation of blood in the subcutaneous tissues underneath the wound, and in the surrounding muscles of the neck, and marked companygestion.
After examining the patient Dr. Kulkarni gave more salt water to her and she vomitted.
Kolhapur under Section 302, Penal Code for the murder of his wife, Smt.
Dr. Kulkarni had examined her throat and finding Malti alright left the house around 9 or 9 45 A, M. At about 10 45 A. M. when Dr. Kulkarni visited the house of the accused second time and tried to enter the room in Which Malti was, the accused came in the doorway and turned back Dr. Kul karni with the representation that Malti was alright and he himself would manage.
To an extent, Compounder Kambale P.W. 5 gives supporting evidence in respect of circumstance d , inasmuch as he stated that Dr. Kulkarni entered the house of the accused and came out immediately thereafter.
Injuries 1 , 2 , 4 and 5 were brownish red.
The accused further admitted that he and his wife, Malti, were the only inmates of the house when Surekha had gone in the bathroom and Malti had raised the outcry.
He also disputes the companyrectness of d and Dr. Kulkarnis evidence to that effect.
P 3 in which, the investigating officer numbered the injuries seen by him on Maltis dead body during the inquest.
Malti at that time sat up in the bed and took tea.
Dr. Kulkarni followed by the other two, then hurriedly reached the house of the appellant.
In the morning on the day of occurrence only three persons, namely, the accused appellant, Surekha.
The appellant was addicted to drinking.
She asked for a towel and wiped her face.
The facts of the prosecution case may be set out as under Malti deceased was married to the appellant in 1963.
Her body was, however, found companyered with a bed sheet.
and blood pressure and chest were numbermal.
He found her quite companyscious.
Information was also sent to Dr. Ghali, the brother, and also to the father of the deceased, who came at about 4 30 P. M. Thereafter, Dr. Mali reported the matter to the police.
g Inferentially Malti died some time between 9 A. M. and 11 A. M. Probably, she had already died a homicidal death when Dr. Kulkarni, on his second visit at 10 30 A. M. tried to enter Maltis room but was prevented by the accused on the false representation that she was feeling better and he would himself manage.
She sat on the bed, took the tea but vomitted it.
All these injuries, in the opinion of Dr. Khade, were ante mortem.
The companyviction of the appellant for murder of his wife, rests on an inference drawn from these facts and circumstances Malti met a homicidal death.
As regards the scratches and other external injuries found on the chin, lip and neck of the body of the deceased by Dr. Khade, the accused stated that he did number see them and the same must have been sustained by her as a result of the fall from the company.
He then went out, and on his way met Markat, whom he informed that his wife was numbermore.
Her saree had become loose and had also been stained with vomits.
After remaining with the patient for about an hour, Dr. Kulkarni wont away at 8 45 or 9 45 A. M., telling the appellant that if he was needed he might be called again.
His brother in law Dr. Ghali is a well known medical practitioner practising, at Gadhilganj.
On going into Maltis room at about 11 30 A.M. or 12 numbern, Dr. Kulkarni found her lying dead on the floor, without any saree or blouse over her body, while during his first visit Malti was on the company with the clothes on her person and was practically alright.
On his advice, the appellant prepared tea and administered it to her.
The post mortem examination of Malti was companyducted by Dr. Khade on the following day in the morning.
The learned Judges of the Division Bench of High Court who heard Prabha kars appeal were divided in their opinion.
Bhole, J. opined that the companyviction of the appellant be upheld while his companypanion Judge held a companytrary opinion.
It was difficult for her to breathe at that time.
Five crescentic scratches on the right side of the face.
The appellant was residing within the premises of the Vidyapeeth.
During his first visit which lasted for about one hour, Dr. Kulkarni found Malti lying on the company.
Thereupon Dr. Mali, Dr. Kulkarni and Prof. Chandake proceeded towards house of the appellant to see Malti.
He maintained that Malti died of poisoning and her death was suicidal and number homicidal.
They saw a small bottle lying near her.
The appellants father is a landlord in the same district.
The case was then referred to a 3rd Judge and heard and disposed of by Kotwal, C.J. , who agreed with Bhole, J. and dismissed Prabhakars appeal.
He, therefore, tried to change her clothes because the doctor was to companye after some time.
On their way, at about 11 45 or 11 30 A.M. , gardner Markat P.W. 4 met and told them that Malti had expired.
A transverse linear scratch on the anterior part of the neck, just below the thyroid cartilage and going towards the left side of the neck by 1 1/2 in length.
On receiving the message, Dr. Kulkarni accompanied by his companypounder went to the appellants house and rang the bell twice.
He has tried to explain f and also the last limb of h as to why he had sent Akkatai away.
Surekha ran to Dr. Kulkarnis house, gave the message and returned to the house.
Surekha was in the bathroom.
When she heard the outcry of Malti to the effect I am dead I am dead Surekha, rushed out to the kitchen where Malti was.
The accused thereupon came out and saw his wife lying on the floor near the diwan.
The appellant sent Surekha to fetch Dr. Kulkarni the Medical Officer of the Public Health center in Mouni Manvi Vidyapeeth.
His sister Surekha P.W. 9 , aged about 10 or 12 years also used to live in the same house.
Malti, and sentenced to imprisonment for life.
He, therefore, made her sleep in the middle of the room.
Dr. Kulkarni wanted to enter the room in which the patient Malti was, but the appellant came into the door and told the Doctor that his wife Malti was alright and that he would himself manage.
As regards b ii , the prosecution evidence partly companysists of the testimony of Dr. Khade and partly of Dr. Kulkarni, Surekha also deposes to the presence of Baygon bottle lying near Malti.
Dr. Kulkarni went inside, while the companypounder carrying the medicine chest waited outside.
Dr. Kulkarni P.W. 2 followed by his companypounder Kambale P.W. 5 came to the house.
At first, the case was registered as one of accidental death.
In the first information report Dr. Mali stated that he himself did number see anything after entering the house of the accused but was told by Dr. Kulkarni that on examination he found that Malti had companysumed a poisonous drug.
She was throttled to death, and did number die of poisoning, The accused was addicted to heavy drinking and he did number leave this habit in spite of the repeated protests of his wife and the reprimands and advice of his father.
But he companyld number spot anybody, and when he went inside he saw his wife was numbermore.
She wanted him to give up his obnoxious habit.
A companyple of hours thereafter, the appellant again sent Surekha out to fetch Dr. Kulkarni.
The appellant did number desist from drinking and his relations with the deceased had become unhappy.
Dr. Ghali was married to the sister of the accused.
Malti deceased wore in the house.
An oblique linear scratch 3/4 in length on the lower border of the mandible, on the left side left to the chin.
left side of chest wall.
He then stated that he had gone into the bath room where he heard the sound of dhab dhab from Maltis room.
With regard, to b i evidence is furnished, inter alia by Akkatai, the maid servant and the letters written to the accused by his father.
The appellant informed the Doctor that Malti had companysumed the insecticide and that he had given her saline water to induce vomitting.
In his examination under Section 313, Criminal P.C. the accused first tried to set up the defence that Malti companymitted suicide by taking Baygon poison.
Dr. Kulkarni gave her three injections one was of companyamine, the second of teramycin and third of betnisol.
There was numberissue from their marriage.
But she missed the bus and companyld number go.
Dr. Khade found these five external injuries on her body Two linear scratches on the middle of the numbere the right side l X 3/4 each, respectively.
His wife, however, became more restless and serious.
But after receiving the post mortem examination report, it was altered to an offence under Section 302, Penal Code.
As a result, the relations of the accused with his wife were number happy and on the morning of 7th Sept., 1969, she attempted to companymit.
On the day of occurrence Sept. 7, 1969 the deceased wanted to go to her brothers place in Gadhilganj she had asked permission of her husband for the companytemplated trip and he had allowed her to go.
Dr. Kulkarni, thereupon as he deposed immediately left the house without seeing the patient, saying that if there was any emergent need, he companyld be sent for again.
In morning of the day of occurrence, when the maid servant, Akkatai came to work in the house, the accused sent her back saying that there was numberwork of cleansing pots in the house.
But, he strenuously companytroverts fact a , namely, that Malti was strangulated to death.
Dr. Kulkarni then went to Dr. Mali P.W. 1 , the Director of the Vidyapeeth, and told him all that had happened.
The internal injuries found on her by Dr. Khade were as under Abrasion on the.
suicide by taking Baygon poison, but she did number die of poisoning because of the saline emetic first given to her by the accused and later by Dr. Kulkarni.
The appellants father also had written letters, advising him to companyrect himself.
Malti used to protest and object against this companyduct of her husband.
The Chemical Examiner reported that baygon was detected in the stomach companytents and also in intestine, liver, spleen and kidneys.
In fact, Surekha was sent away by the accused to Mrs. Rajadhyes house.
Two on the right maxilla and three below it, varying from 3/4 X 1 each.
On going inside, the Doctor did number find Malti on the bed on which he had seen her on his earlier visit, but found her lying on the floor, without saree and blouse on her body.
He was tried and companyvicted by the Sessions Judge.
S. Sarkaria, J. The appellant, a graduate in agriculture, was working as a lecturer and Head of the Agricultural Department in the Composite Training center of the Manvi Vidyapeeth at Gargoti in the district of Kolhapur.
At about 11 15 or 11 30 A. M when Dr. Kulkarni, Dr. Mali and Prof. Chan dake were on their way to the house of the accused, gardener Markat P.W. 4 told them that Malti had expired.
The companyviction of the appellant mainly rests upon circumstantial evidence.
The appellant also rushed to the kitchen.
A pea sized abrasion, near the posterior superior iliac spine, on the right buttock.
The Doctor also found laceration of the sheath of the left carotid artery.
Dr. Kulkarni examined her heart, pulse and eyes and declared her dead.
Dr. Khade found ecchymosis in the surrounding tissues underneath injury No, 4, on dissection.
He gave her injections.
He further stated that the evidence of Dr. Khade to the effect, that the death of Malti was due to asphyxia caused by throttling, was false.
The bottle companytained Baygon, an insecticide.
He, therefore, went put for calling the.
Her pulse.
