Judgment

JASWANT SINGH, J.:- This appeal under S. 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act 28 of 1970) raises a short question as to the nature of the offence made out against the appellant on the basis of the evidence adduced in Sessions Case No. 64 of 1966.

2. The Sessions Judge, Udaipur, who tried the appellant found on a consideration of the evidence led in the case including the direct testimony of Mst. Jelki (P. W. 3) and Mst. Modan (P. W. 8) that the appellant attacked his wife, Ms. Gajri with dagger (Exh. 1) and caused injuries on her person out of which injury No. 2 which had injured the liver and caused the perforation of the large colon was sufficient to cause her death in the ordinary course of nature. Despite this finding, the Sessions Judge convicted the appellant under s. 304 Part II of the Indian Penal Code and acquitted him of the charge under s. 302 of the Penal Code in view of the fact that Dr. Laxmi Narain (P. W. 1) who conducted the post-mortem examination of the body of Mst. Gajri had said in the course of his examination that if immediate expert treatment had been available and emergency operation had been performed, there