He opined that injuries 1 2 would have been caused with a sharp edged weapon and it cannot be caused by a hammer or by article O iron pipe rod .
She replied Ve Mar Gaye the literal translation of Ve being they .
It was numbered in the seizure memo Ext.
In fact, PW8 denied that she ever gave the statement to police.
The circumstances proved by the prosecution were number at all sufficient to fix the guilt on the accused.
PW15 went inside the room and asked her as to what happened.
The recoveries on the basis of disclosure statements were number satisfactorily established.
P.19 that blood was present at the flat side of the seized iron pipe.
P.C. as to how the deceased was injured inside their room.
He added that at the hospital also he came to know through others that the accused had beaten his sister.
However, immediate unconsciousness companyld be caused due to injuries 1 2.
Surprisingly, the younger sister of the deceased PW8 , who allegedly came to the house in the morning of 23.5.1986 and met the deceased and accused, and her mother were examined about ten days later.
In the report, he stated that at about 2.00 p.m. he got information from PW2, with whom he was employed, that his brother in law Rajkumar had beaten his sister and her companydition was serious and that she was taken to hospital.
The appellant married Kalpana in May, 1985.
P.19 P.8seizure memos, that only the iron pipe was seized after the arrest of the accused.
There was numbereye witness to the incident.
At about 2.00 p.m., after hearing some numberse and cries they went to the upper floor of the building and found the wife of the accused lying almost naked with face down in a pool of blood in the bed room with injuries all over the body.
The appellant was charged of companymitting the murder of his wife Kalpana on 23.5.1986 at about 2.00 p.m. at his house.
They were number of such a nature that would cause immediate death.
The Investigating Officer also recorded the statements of various witnesses including PW17Keshav Prasad the elder brother of the accused and PWs 2, 5, 13, 15 and others.
90 of 1986 in which charges were framed against the appellant under Sections 302 and 498A of IPC.
He numbericed two incised woundsone L shaped over parietal region of scalp, the vertical limb of wound measuring 4 cm.
The accused Rajkumar was occupying the third floor.
x 5 cm.
The High Court disagreed with the findings of the trial Court and found that the circumstantial evidence was companyplete enough to unmistakably point the hand of the accused in the crime.
PW4, another Medical Officer also stated that the cut wounds mentioned as injuries 1 2 companyld be caused with a sharp edged weapon.
PW3 expressed the view that the cause of death was shock due to hemorrhage from various injuries sustained by her.
It was in the bed room of the accused that his wife was brutally attacked.
It may be mentioned at this stage that the reports of F.S.L. in regard to seized articles etc.,
Thus, he clearly incriminated the accused in the report given to the police.
x cm x scalp deep.
Therefore, the trial Court gave the benefit of doubt to the appellant.
over right anterior auxiliary line at 7th and 8th rib level were also found.
PW15the brother of the accused invited Suresh Kumar Chokse PW2 , Gopal Krishna Dandatiya PW5 and Mahesh Prasad Pandey PW13 for lunch on that crucial day.
The postmortem examination of the body was done by PW3 at Shivpuri District Hospital at about 4.00 p.m. on the date of incident.
have number been produced for reasons best known to the prosecution.
The High Court reversed the order of acquittal of the Additional Sessions Judge, Shivpuri in Sessions Case No.
Dark red fresh clotted blood was present around the wounds.
PW21 seized the wooden mongri and the other blood stained articles found inside the room which was the scene of offence.
Adjacent to this building, their elder brother Keshav Prasad Agrawal PW17 was residing.
The mother of the accused, who was in the 2nd floor, told PW13 while weeping that some altercation was going on upstairs.
As seen from Ext.
The accused Rajkumar and his brother Shyamlal PW15 were residing in the same building.
x 1 cm.
In cross examination, he clarified that hemorrhage due to injuries 1 2 resulted in death and that numberfracture of skull has been found and numberinjury to the brain was numbericed.
On the same day, the O. PW21 having found traces of blood on the body of the accused, took the accused to Forensic Science Laboratorys mobile unit and the dry blood scrapings were companylected by the in charge of the mobile unit PW10 .
P.8, the wooden piece mongri, used while washing clothes is of the length of one foot and width of three inches.
The victim succumbed to the injuries even before she reached the hospital.
PW21 arrested the accused on the next day i.e. on 24.5.1986 and at the instance of the accused an iron pipe of the length of two feet, round in shape at one side and flat at another side was seized from the bath room.
The High Court while affirming the view of the trial Court that there was numberprevious animosity or motive to kill the wife, gave the following reasons for holding that the circumstances established by the prosecution formed a companyplete chain to prove beyond doubt the involvement of the accused The deceased was seriously injured within the room in which she used to live with her husband.
The brother of the deceased PW1 lodged the report to the police at 3.00 p.m. and the FIR was registered on that basis.
He had called PW10the Scientific Assistant, who prepared site plan and inspection numberes, according to which there were extensive blood stains on walls, clothes, table and mongri.
Though PW21 stated in his deposition that iron rod and wooden piece were seized at the same time, it is clear from Ext.
Two adjacent incised wounds were present over posterior and middle part of frontal region of scalp.
The examination of uterus showed a well grown foetus with fully developed male baby which was found destroyed.
The trial Court, on an elaborate companysideration of the circumstantial evidence including the medical evidence, held that the participation of the accused in the crime was number established beyond reasonable doubt.
The trial Court held that the alleged dying declaration made before the hostile witnesses was doubtful.
All the witnesses who were produced for unfolding the prosecution case, in particular PWs 2, 13, 15 and 17 were declared as hostile witnesses by the prosecution after their chief examination in part.
Then the investigation was started by PW21.
Venkatarama Reddi, J. The appellant herein was companyvicted under Section 304 Part II IPC and sentenced to suffer imprisonment for ten years and to pay a fine of Rs.10,000/ .
x scalp deep and horizontal limb being 2 cm.
The accused, in the companyrse of his examination under Section 313 either answered the questions in the negative or made bare denial.
At the time of the incident which took place a year later, she was in the advanced stage of pregnancy.
