IMPORTANT POINT
When case is based on circumstantial evidence, should be so overwhelming, as to exclude hypothesis of innocence of accused.

JUDGMENT

P. Venkatarama Reddi, J.-The appellant herein was convicted under Section 304 Part II IPC and sentenced to suffer imprisonment for ten years and to pay a fine of Rs. 10,000/-. The High Court reversed the order of acquittal of the Additional Sessions Judge, Shivpuri in Sessions Case No. 90 of 1986 in which charges were framed against the appellant under Sections 302 and 498A of IPC. The appellant was charged of committing the murder of his wife Kalpana on 23.5.1986 at about 2.00 p.m. at his house. The appellant married Kalpana in May, 1985. At the time of the incident which took place a year later, she was in the advanced stage of pregnancy.

2. The accused Rajkumar and his brother Shyamlal (PW 15) were residing in the same building. Adjacent to this building, their elder brother Keshav Prasad Agrawal (PW 17) was residing. The accused Rajkumar was occupying the third floor. It was in the bed-room of the accused that his wife was brutally attacked.

3. PW15 -the brother of the accused invited Suresh Kumar Chokse (PW2), Gopal Krishna Dandatiya (PW5) and Mahesh Prasad Pandey (PW13) for lunch on that crucial day. At about 2.00 p.m., after hearing some noise and cries they went to the upper floor of the building and found the wife of the accused lying almost naked wife face down in a pool of blood in the bed room with injuries all over the body. PW15 went inside the room and asked her as to what happened. She replied "Ve Mar Gaye" (the literal translation of `Ve being `they ). The mother of the accused, who was in the 2nd floor, told PW 13 while weeping that some altercation was going on upstairs.

4. The victim succumbed to the injuries even before she reached the hospital. 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. He noticed two incised wounds-one L shaped over parietal region of scalp, the vertical limb of wound measuring 4 cm. x 5 cm. x scalp deep and horizontal limb being 2 cm. x 1/2 cm x scalp deep. Two adjacent incised wounds were present over posterior and middle part of frontal region of scalp. Contusions over many parts viz., right shoulder, left eyebrow, left arm, right and left thighs, dorsum of left hand extending upto left shoulder and a railway track contusion of 6 cm. x 2 cm. over lateral aspect of right thigh were found. Horizontal abrasion of 4 1/2" x 1/2" over left side of chest just below rest of left clavicle and another abrasion of 3 cm. x 1 cm. over right anterior auxiliary line at 7th and 8th rib level were also found. Dark red fresh clotted blood was present around the wounds. The examination of uterus showed a well grown foetus with fully developed male baby which was found destroyed. PW3 expressed the view that the cause of death was shock due to hemorrhage from various injuries sustained by her. In cross examination, he clarified that hemorrhage due to injuries 1 & 2 resulted in death and that no fracture of skull has been found and no injury to the brain was noticed. However, immediate unconsciousness could be caused due to injuries 1 & 2. They were not of such a nature that would cause immediate death. 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). PW 4, another Medical Officer also stated that the cut wounds mentioned as injuries 1 & 2 could be caused with a sharp-edged weapon.

5. 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. 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 condition was serious and that she was taken to hospital. He added that at the hospital also he came to know through others that the accused had beaten his sister. Thus, he clearly incriminated the accused in the report given to the police. Then the in