order

M.C. Jain, J.— Appellant Uttam Kumar Devnath has been convicted under Section 302 I.P.C. and sentenced to life imprisonment by judgment dated 23-1-1986 passed by Sri P.K. Dikshit, the then Sessions Judge, Mathura in Sessions Trial No. 234 of 1985. The charge was that he murdered his own wife Smt. Kajal.

2. Shortly stated, the material facts leading to this appeal are these: The deceased Smt. Kajal was the wife of appellant and both of them used to live in the compound of Madan Mohan

Ji Ghera, P.S. Vrindavan, District Mathura. He committed her murder by strangulation on 25-5-1985 at about 2 P.M. in his house in which both of them resided on rent. The report was lodged the same day at 3.30 P.M. by PW 2 Karen Adhikari having got it scribed by PW 1 Sanatan Kishore Goswami. Karen Adhikari is the husband of the cousin sister of the deceased and lived in the same locality a little distance away. About 4-5 months before the incident also, the couple had quarrelled and on learning about it, PW 2 Karen Adhikari had intervened and advised them to live peaceably. It, however, did not have any affect on the appellant.

3. On the fateful day at about 2 P.M. he was again informed by someone about the appellant and his wife quarrelling. Thereupon, he reached their house and found the same to be closed from inside. Smt. Kajal was inside the room and was crying which had attracted other witnesses also who gathered around the house. After sometime, the cries of Smt. Kajal were silenced. Karen Adhikari and others knocked at the door of the appellant but it was not opened. Then PW 2 Karen Adhikari, PW 5 Deenbandhu and other witnesses collected near the window which was on the back side of the room tenanted by the appellant. The appe-llant jumped from the said window and ran away. He was, however, appre-hended by Karen Adhikari, Deenbandhu and others at the door of Madan Mohan Temple. He also allegedly made a confession to them that he had mur-dered his wife by strangulation as she used to always quarrel with him. He went to the police station along with the appellant where the F.I.R. was lodged. A case was registered and investigation followed which was conducted by PW 6 S.I. Subedar Singh.

4. The post-mortem over the dead body of Smt. Kajal was performed on 26-5-1985 at Mathura at 4.45 P.M. by PW 3 Dr. Arvind Kumar. The following ante-mortem injuries were found on her person:

1. Multiple abrasions in an area 5 cm x 3 cm on the left side cheek.

2. Contusion 3 cm x 2 cm on the left side chin.

3. Multiple contusions in an area of 10 cm x 5 cm on the forehead extending from the right to the middle of forehead.

4. Contusion 17 cm x 3 cm on the neck extending from the left side sterno mastoid mus-cle (behind the left ear) to the right sterno mastoid muscle just below the right ear.

As per the opinion of doctor, she had died as a result of strangulation and her death could have taken place the previous day at about 2 P.M. A dead faetus of 12 weeks was also found in

the womb. The deceased was aged about 20 years.

5. It should also be related that the appellant was also subjected to medical examination on 25-5-1985 at 9.30 P.M. PW 4 Dr. J.P. Agarwal had medically examined him. The following injury was found on his person :

1. Abrasion 1/2 x 1/10 on the back of the outer palm on right hand 1/2 inch above little finger of right hand. Scab formed.

The injury was simple and could be caused either by blunt object or friction against hard substance or by finger nail.

6. After investigation, the char-gesheet was laid against the appellant who denied the charge and pleaded false implication. He stated in his examination under Section 313 Cr.P.C. that his wife was a beautiful lady and some persons of the locality used to

cut jokes with her and to enjoy her company in his absence which he resented. He also stated that he had gone for his service at the shop of his employer at about 9.30 A.M. and the police called him from that shop at about 4.30 or 5