JUDGMENT

R.P. Gupta, J. - By this judgment we dispose of criminal reference No. 3/96 under section 366. Criminal Procedure Code for confirmation of death sentence on the convict and Appeal No. 1552/96, Ravi Shankar v. State of M.P. against the judgment of conviction and sentence of death passed by First Additional Judge, Damoh (M.P.) on 9-9-1996.

2. The finding of the trial court is that on 11-5-1994 about some time this appellant being the husband of victim Lokmati in village Kusmi caused her death by causing, injury to her womb by introducing some external hard object or weapon and thus he committed the offence of murder punishable under section 302, Indian Penal Code. He was sentenced to death by hanging.

3. It may be noticed that this appellant along with his father Shyamlal and mother Kallobai were jointly tried on charges of offence punishable under section 304- B. Indian Penal Code, that is dowry death of a bride within seven years of her marriage resultant from cruel treatment of her husband or his relatives for non-fulfilment of demands of dowry. The alternative charge was of her murder in pursuance of common intention of them all. The parents of the appellant were acquitted by giving them benefit of doubt. The husband was found guilty of murder.

4. According to the opinion of Autopsy Surgeon Dr. K.C. Kostha (PW 3), the death had occurred due to excessive bleeding resulting from a perforation of womb which was of the size ½" x ¼" cavity deep, on the right side of the womb. The excessive bleeding caused shock resulting in death of the victim. The death had occurred within 24 hrs. of the Postmortem examination which was conducted on 12-5-1994. The death had taken place on 11-5-1994. The Doctor had opined that this injury was homicidal in nature and that this injury could be caused by some hard or pointed object and injury must have been caused within 36 to 24 hours of the Postmortem examination. This Doctor had opined that the injury in the womb of the deceased could be possible by Iron-rod which had been recovered at the instance of the convict appellant from a stack of hay on his pointing out and that the blood found in the peritoneal cavity of deceased was the blood which flowed due to haemorrhage caused by this wound. The womb had been taken out and sealed by the autopsy Surgeon Dr. Kostha and it was sent by Investigating Officer for the better forensic opinion to Dr. S.N. Jain (PW 16) at Medico Legal Institute, Bhopal. Dr. Jain examined it on 13-5-1995 and noticed a perforation of the size 113 cm x 0.6 cm in the fundus of the womb. There was no other injury in the womb. Dr. Jain also opined that death had occurred due to shock resulting from bleeding from this womb and that the wound had been caused by some hard object which was not pointed, but was slightly cracked and that perforation of the fundus of the womb in this manner has not been experienced in natural course. The doctors had opined that there was no injury in the vaginal canal of the deceased.

5. Doctor Jain on examination of the uterus found that the length of uterus was 9.5 cm and width 8.0 cms. Thickness of the wall of the uterus was 2.5 cms. No other injury was found inside the -uterus. This doctor was of the opinion that the size of uterus was slightly bigger than normal size. The Doctor also gave an opinion that the slightly enlarged size of the uterus was not due to illness, but due to pregnancy, which may have been less than 3 months old. The injury found in the womb could be caused by some wooden stick or Iron-stick having thickness as that of size of wound. This doctor opined that, it is not necessary that if some wooden stick or iron stick is thrust through the vagina into the uterus, there should be injury on outer portion i.e. the vaginal wall. Such injury is not necessary even if there is resistance against thrust. This is because the muscles have a capacity to contract and expand in all directions and this tendency makes uterus extremely s