Head was separated from the body.
The evidence on record depicts that the accused companymitted the murder of his sister in law at about 11.00 p.m. by Parsul blows and then kulhadi tanga blows on her neck severing her head from the body and taking away her 8 years old daughter Renu and killing her in a jungle by Axe blows said to be by offering sacrifice to Mahuva Mahraj and burying her in the sand companyered with stones and it is thereafter that the accused companyes back home and carry the body of the deceased sister in law tied in a cloth to the jungle and hung the head being tied on a branch with the hairs and put the body, on the trunk of the Mahua tree.
I started post mortem on the dead body at 2.30 p.m. and found following in the examination External examination Rigor mortis was present all over the body and dust particles were attached all over the body, clotted blood was present all over the body.
Apart from the evidence tendered before the companyrt by the mother and the nephew respectively of the accused, the latter himself in his examination under Section 313 of the Code categorically stated and admitted the factum of murder the situation, therefore, is that the accused admits of murdering his sister in law and the niece and the reason put forth the sister in law has number been giving him enough food and as such on being enraged therewith, this offence was companymitted but what about the child?
On the same date, the same companystable had brought before me the dead body of deceased Renu, daughter of Gulab Prasad, aged 7 years for the post mortem.
As regards the injuries suffered, P.W.11, Dr. RR Misra stated Rigor mortis was present over the body and clotted blood was present all over the body.
Incised wound on left side of neck , middle part of back of neck size was 7 cm.
Size was 2x1x1 cm.
x 2 cm.
4 Incised wound on middle finger of left, ring finger and index finger and injury of size was 3x2x1 cm.
was present on last vein.
Both the lady and the girl child, however, were related to the accused, being the sister in law brothers wife and the niece respectively.
Lacerated wound at the bridge of numbere size 3x2x1 cm.
Length, width and depth and bone of numbere fractures.
length, width and depth,.
Left eye was damaged.
2 Incised wound on occipital region of head, size was 13 cm.
Vertebra of neck 3rd and 4th were fractured.
x 6 cm.
At the place of wound muscles, and veins were cut.
Incised wound on front of chest on right side, size was 4.5 cm.
x. 4 cm.
All structure of neck, muscles, veins were cut due to this injury.
All the above mentioned injuries appeared to be caused with hard and blunt object.
Clothes, saree, blouse, petticoat were also stained with blood.
x 4 cm.
Middle finger of left hand was found cut and separated means upper portion was separate.
Bone at the place of injury was cut, brain matter was visible at that place and damaged.
BANERJEE, J. Leave granted.
All the clothes were blood stained.
This appeal by the grant of special leave is directed against the order of companyfirmation of death sentence by the Division Bench of the High Court of Madhya Pradesh at Jabalpur.
Whole face, head and hair were stained with blood.
Head is separated from the body.
3 Incised wound on upper part of neck.
