The main legal point established in the judgment is the interpretation of medical evidence and the admissibility of extra-judicial confessions in determining the guilt of the accused.

1. - Accused Shanker Pandit has been convicted under Section 302, I.P.C, for murdering his wife Mst. Ram Bai, aged 16 years, and sentenced to imprisonment for life by the learned Sessions Judge, Jaipur City, on February 27, 1968. The accused appeals against that judgment to this Court.

2. The material facts of the case, as alleged by the prosecution, are that the accused Shanker Pandit worked as ayce in 61, Cavalry, C squadron, Jaipur. He was residing in quarter No. 9, located in the family lines of the above Cavalry. As a groom, it was his duty to take care of the Cavalry horses and to keep ready a horse for the use of his officer Dafedar Abdul Gafoor P.W. 4. In the morning of September 19, 1967, the said Dafedar went to the stable where he did not find his horse ready to take for a ride. On his inquiry, Shanker Pandit candidly told him that he had killed his wife as he had suspected that she had been in liason with some other person. Abdul Gafoor, having been so informed, apprised Dafedar Major Faiz Mohammed Khan PW 8 of what he had been told. Shanker Pandit was called by Faiz Mohammed Khan. On his query he too was told by the groom that he had murdered his wife. Then reported the matter to Rasaldar Fateh Mohammed Khan. Faiz Mohammed Khan as also to Captain R.S. Sodhi (PW 8). These two officers also made separate inquires from the accused and he reiterated before them the facts as to how he had killed his wife. Dr. J.P. Mathur, P.W. 2, Regimental Medical Officer, 61, Cavalry, Jaipur, was called by Mr. Sodhi for the examination of Mst. Ram Bai. Dr. Mathur found the woman dead as a result of the ottling. The accused was then put into the custody of the quarter-guard. The police station, Sadar, Jaipur, was informed by the military authorities, P.W. 9 Ramchander, station officer of the said police station, registered a case against Shanker Pandit under Section 302, IPC , and started investigation The dead body of Mst. Ram Bai was sent to Dr. S.N. Dugar, P.W. 3, Medical Jurist, S.M.B. Hospital, Jaipur. He conducted the post mortem examination of the corpse on September 19, 1967, 4. 45 p.m. He found the following injuries on the person of the deceased:

1. On the face two abradded acchymosis on the lower part of the left check placed parallel to each other. Both the above injuries were place 1.3" and 1 7" from the middle of the chin. The size of each of the said injuries was " X 1/10".

2. Four patches of abradded acchymosis in an area of 1" X 7/10" on the front of neck slightly left to the medial line. The biggest patch was triangular shaped ⅓" X ⅓" in size.

3. There were multiple abrasions in an area of 1.2" X " on the right lateral side of the neck, 3" below the lower part of the right ear. The said injury was consistent with nail and finger marks.

4. There was a small abrasion " X ⅙" one inch above the injury No. 3.
In the opinion of the Doctor, the cause of death was possibility manual strangulation. The effect of the injuries could have caused death. After necessary investigation the police put up a challan against the accused Shanker Pandit in the court of the Additional Munsiff-Magisarste (West), Jaipur City. The said Magistrate conducted preliminary inquiry in accordance with the provisions of Section 207-A., Cr P C, and committed the accused to the Court of the Sessions Judge, Jaipur City, to face trial under Section 302, I P.C On December 13, 1967, the accused was charged by the trial court for the offence of murdering his wife Mst. Ram Bai, to which he pleaded not guilty and claimed trial. The prosecution examined nine witnesses. In his statement recorded under Section 342, Cr. P.C, the accused stated that his wife had fallen ill on the previous day of her death. She could not sleep in the night and in the morning when he got up, he found her fast asleep. Abdul Gafoor came to him and he was told that his wife had fallen ill. He saw his wife. When he found her in a precarious condition, he suggested to him to confess h