Judgment

KHANNA, J.:- Sita Ram (40) was tried in the court of learned Additional Sessions Judge Sagar for an offence under Section 302, Indian Penal Code for causing the death of his wife Savitribai (21) and was acquitted. On appeal filed by the State the Madhya Pradesh High Court reversed the Judgment of the trial court, convicted the accused under Section 302, Indian Penal Code and sentenced him to undergo imprisonment for life. Sita Ram has now come up in appeal to this Court by special leave.

2. The prosecution case is that Savitri deceased during the days of the present occurrence was staying at the quarter of her brother-in-law Gourishankar in Police Lines Sagar. Gourishankar is a police driver. The sister of Savitri, who had been married to Gourishankar, died a few years back. Gourishankar then married another girl. The second wife of Gourishankar was away to her parents house when the present occurrence took place. Shantibai, aged 12 or 13 years, daughter of Gourishankar from his previous wife, was also living with Gourishankar. The accused, who was unemployed, came to the quarter of Gourishankar about 15 days before the present occurrence with a view to seek some job.

3. On February 13, 1966 which was a Sunday, it is stated, Gourishankar went to police Kotwali at about 10 a. m. About an hour thereafter at about 11 a. m. Savitri asked Shantibai to go out and look for a vehicle as Savitri wanted to go to her brother s house. Shantibai could not find a vehicle and, after playing a little, proceeded towards the quarter at about 11.30 a. m. When Shantibai was near the quarter she heard the cries of Savitri that she was being killed. Shantibai then found the door of the quarter to be closed. Shantibai consequently knocked at the door. The accused, who alone was present with Savitri inside the quarter, then opened the door. Shantibai found Savitri lying injured in a pool of blood. The accused then gave one further dagger blow in the chest of Savitri. Shantibai rushed out of the quarter and shouted while running that Mousiya has killed mousi Jankibai, her husband Hari Narayan, Shardabai, Hiralal, Har Prasad and Lajjashankar P. Ws., who all live in the neighbourhood, then came there. The accused also came out of the quarter. His clothes were at that time stained with blood. Those present enquired from the accused as to what had happened. The accused at first gave no reply. In the meantime, Kalu alias Munna, son of the accused, who was aged about 4 or 5 years, came there. The accused, addressing Kalu stated: I have killed your mother. You are now motherless . Those present then secured the accused. The accused then remarked that he had killed the deceased, as he could not tolerate the situation. Savitri was then carried in a vehicle to the hospital. Gauri Shankar met the party on the way and went with them to the hospital. When they arrived in the hospital, the doctor declared that Savitri was dead.

4. Gourishankar lodged report about the occurrence at police station Gopalganj, at a distance of 6 furlongs from the place of occurrence at 1 p. m. Sub Inspector Sharma then came to the place of occurrence. He found the accused having been secured by others. The accused was put under arrest. Injuries were found on the person of the accused and he was got examined from Dr. Khare. Dr. Khare found five injuries on the palmar aspect of the hand of the accused. Those injuries, in the opinion of the doctor, could have been received by the accused while inflicting dagger blows.

5. Sub Inspector Sharma after preparing the inquest report, sent the dead body of Savitri to the mortuary. Post-mortem examination of the dead body was performed by Dr. H. P. Dutta at 11.15 a. m. on February 14, 1966.

6. At the trial the accused denied the prosecution allegation about his having given dagger blows to Savitri deceased. According to the accused, he was away to the market at the time of the assault. On coming back to the quarter of Gourishankar, he found