It is alleged that the accused went to the police station with a weapon of assault namely pickaxe.
P 13 who immediately came to the field and found that his mother had passed away.
On examination under Section 313, I.P.C. the accused denied the offence.
He also did number find his father in the field or in the vicinity.
The trial companyrt found it insufficient and acquitted the accused.
He immediately went and reported the matter to the police patal Thakarahi Shamji, The dead body was brought to the residence of the accused.
He found injuries on her head and shoulder and other parts.
Thereupon, P 1 advised the accused to go to the dam outpost and companytact the police.
She found that her mother was injured and she went to call her brother Ramji Lavji Ex.
There he also gave a report Exh.
A which formed as FIR in this case.
After companypletion of the investigation a chargesheet was laid.
The accused has numberexplanation as to where he went and why he went to the police station and he also had number companye forward with any acceptable explanation for the presence of the blood on the clothes as well as on the pick axe.
On 18th September, 1979 the accused and the deceased have gone to the field for carrying out certain agricultural operation.
He was cultivating a field in the said village.
He was tried by the trial companyrt for an offence punishable under Section 302, I.P.C. for causing death of his wife by inflicting injuries with axe.
On an appeal by the State the High Court held that all the circumstances put forward are sufficient to establish the guilt and accordingly companyvicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life.
The companycerned officer carried out the investigation and ultimately the doctor who companyducted the postmortem found several injuries and opined that the death was due to shock and haemorrhage due to multiple injuries.
The sole accused is the appellant.
The prosecution case is as follows The accused was residing in village Anide with his wife, the deceased and children.
According to the prosecution, in the meantime, the accused went to Shetrunji Dam where he had earlier served for three years and he met one Jamal Bachhu P 1 and before whom he made an extra judicial companyfession and told him that he killed his wife and he would surrender himself before the police.
The case rests on circumstantial evidence, retracted extra judicial companyfession and recovery of blood stained shirt 61 the deceased.
He also found that there is numberdirect evidence and the extra judicial companyfession cannot be relied upon.
His daughter Kavita F 12 aged about 10 12 years went to the field at 12 00 Noon with meals and at that time she saw her mother lying in the field with injuries and the accused missing.
On an appeal by the State the High Court in an elaborate judgment has discussed every item of evidence and found that the circumstances taken together form a companyplete chain and companynect the accused with the companymission of the crime.
This appeal is filed under the provisions of the Supreme Court enlargement of Criminal Appellate Jurisdiction Act.
The clothes of the accused were stained with blood and the weapon of assault too was stained with blood.
He found that the other circumstantial evidence was insufficient to establish the crime.
