IMPORTANT POINT
"Sufficient to cause death" is not the same thing as "sufficient to cause death in the ordinary course of nature" for the purpose of section 302, I.P.C.

JUDGMENT

Rajendra Saxena J: This appeal filed under section 374 (2), Cr. P.C. has been directed against the judgment dated 12.10.1984 of the Sessions Judge, Balotra Camp Barmer, whereby he convicted the appellant for the offences punishable under sections 302 & 319 I.P.C. and sentenced him to life imprisonment for the first count and two years rigorous imprisonment and a fine of Rs.2,000/-, in default to further undergo 6 months rigorous imprisonment and also directed that the substantive sentences shall run concurrently.

2. Succinctly stated the prosecution case is that in the intervening night of 5th & 6th June, 1984, Smt. Gavari, widow of Bhinya Ram was sleeping in her house along with her younger daughter P.W. 19 Kumar Kamla, aged 9 years and grand son P.W. 18 Jagdish, aged 12 years. In the same Bakhal appellant Sukh Ram's house is also situated. It is alleged that at about 11-12 O'Clock appellant armed with an axe entered the house of Smt. Gavari and inflicted an axe blow on her neck. Smt. Gavari screamed, whereupon Jagdish & Kamla awoke. In the moon light as well as in the light of an electric pole, which was situated about 20 ft. away from Smt. Gavari's house, they saw the appellant inflicting another axe blow causing injury to Smt. Gavari. Kamla and Jagdish raised an alarm, which attracted P.W. 3 Mangla Ram, who was sleeping just out-side their house. The appellant took gold Timanias and a pair of gold ear-tops (Jhomaris) of Smt. Gavari and ran away. P .W. 3 Mangla Ram saw him going away from the scene of occurrence along with the axe and stolen ornaments. Mangla Ram immediately went to the house of P.W. 2 Kana Ram, the brother of Smt. Gavari and narrated him the whole incident. Thereupon Kana Ram submitted a written report Ex. P.3 to the S.H.O. Police Station Chohten at 4.45 A.M. on 6.6.1984. P.W.22 Bhikham Chand, S.H.O. registered a case under section 302 I.P.C. vide F.I.R. Ex.P.4 which was received by the Chief Judicial Magistrate, Barmer on the same day at 6 P.M. The Investigating Officer inspected the site, prepared memo of dead body of Smt. Gavari (Ex. P.5), Site Plan (Ex. P.6) and memo of Site plan (Ex.P.7). He also seized the blood-stained clothes and the ornaments which the deceased was wearing vide seizure memo (Ex. P.8). He also prepared the autopsy report of the deceased. P.W.1 Dr. R.C. Khetawat, Medical Officer, PHC Chohtan (parmer) conducted the postmortem examination of the deceased on 6.6.1984 at 8.30 A.M. and found 2 incised wounds situated on thy anterior later aspect of Smt. Gavaii's neck on the right side. Both wounds were ante mortem in nature. On internal examination, the Doctor found that her external juglar, internal' juglar and internal cartoid and artery as well as all other small ressels, muscles and nerves were cut. He did not rind any ligature mark over the neck. He prepared the post mortem examination, report Ex. P.1 and in his opinion the cause of death was shock and extensive haemorrhage due to cutting of great vessels of the neck by sharp weapon. Bhikham Chand arrested the appellant on 7.6.1984 vide arrest memo (Ex. P. 11) and from pair of golden ear-tops (Art.25) were also recovered, which were duly sealed in presence of Mothirs. Deceased's elder daughter P.W. 13 Smt. Ghudi, who was undergoing 'Anganwadi Training' in Bhilwara, was informed about the said incident. Smt. Ghudi after taking stock of the various ornaments and articles in her house, found that one gold Niml oli along with Ghedias, one gold Niml oli without bars, one pair of Jhumar (ear tops), one Bhawaria with chain and one pair of silver Today belonging to her (Smt. Ghudi) were also missing from the house. She, therefore, submitted a list of the said articles on 8.6.1984 to the Investigating Officer. On 17.6.1984, she further submitted a supplementary list of stolen property namely one silver bangle to the Investigating Officer.

3. On 10.6.1984, the appellant in pursuance to his information given under section 27 of the Ev