JUDGMENT

J.B. PARDIWALA, J.

1. This appeal is at the instance of a convict-accused for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 21st September, 2004, passed by the learned Additional Sessions Judge, 4th Fast Track Court, Banaskantha at Deesa, in Sessions Case No.51/2003. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment.

2. Case of the Prosecution :

The accused was married to the deceased and during the wedlock two daughters were born. The deceased had an illicit relationship with one Sendha, who happened to be the son of the uncle of the accused. As the deceased had developed intimacy for the said Sendha, the deceased used to frequently visit him on the pretext of going at the house of her parents. The people in the village started discussing about the illicit relations of the deceased with Sendha, due to which the accused felt bad. It is the case of the prosecution that the accused had tried many times to explain his wife, the deceased, to live a good moral life and give up the illicit relations with Sendha. However, the deceased paid no heed to the advice of her husband, the accused. On 18th January, 2002, the accused, and his wife the deceased, were all alone at home as the parents of the accused had gone to the agricultural field, and the children of the accused had gone out to play. At around 10 O’clock in the morning, when the deceased was washing clothes, the accused once again tried to explain her to give up the illicit relations with Sendha. At that point of time, an altercation took place between the accused and the deceased, and the deceased is said to have told the accused that she would do whatever she would feel good and the accused had no right to say anything to her. The accused got enraged due to such attitude of his wife, the deceased, as a result of which, the accused picked up an axe, which was lying in one corner of the house, and inflicted injuries on the neck by hitting two blows. The deceased fell dead instantaneously.

It appears that the accused himself lodged the First Information Report on 18th January, 2003 at 18.20 hours at Vav Police Station, Camp: at Sapreda, making a clean breast of his crime.

3. On the strength of the First Information Report, which was lodged by the accused himself, the investigation had commenced. The inquest panchnama of the dead body of the deceased was drawn in the presence of two panch witnesses, being Exh.20. The dead body of the deceased was sent to Vav Hospital for the purpose of postmortem. The postmortem examination of the dead body of the deceased revealed that the deceased had sustained a sharp cutting wound over right side of the neck measuring 4cm x 3cm x 4½ cm. There was also a sharp cutting wound over posterior part of the neck situated below occipital bone, horizontally measuring 4cm x 2cm x 4cm. There was a fracture and dislocation of 3rd and 4th cervical vertebra. The cause of death assigned in the postmortem report was neurogenic shock due to fracture and dislocation of cervical vertebra. The statements of the witnesses were recorded. On 19th January, 2003, the accused was arrested and the arrest Panchnama was drawn in the presence of two panch witnesses being, Exh.28. The clothes worn by the accused at the time of the incident were collected for the purpose of sending them to the Forensic Science Laboratory for chemical analysis. A discovery panchnama of the weapon of the offence was drawn under Section 27 of the Evidence Act in the presence of two panch witnesses, being Exh.37. The clothes of the deceased were collected by drawing a Panchnama, being Exh.31. The scene of offence Panchnama, being Exh.