The distinction between murder and culpable homicide not amounting to murder lies in the intention of the accused and the nature of the injuries inflicted.

JUDGMENT

Mehta, J. - The appellant herein has been convicted and sentenced as below vide judgment dated 04.05.2015 passed by the learned Additional Sessions Judge No.4, Udaipur in Sessions Case No.92/2014 (363/2014) (C.I.S. No.1181/2014):

2. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.

3. Brief facts relevant and essential for disposal of the appeal are noted herein below:

4. The appellant happens to be the husband of the deceased Smt. Sajki. The incident took place on 18.08.2014 wherein, it is alleged that after hot verbal exchanges between the appellant herein and Sajki on the issue as to why, she had sent the children to do labour jobs, the appellant inflicted lathi blows to Smt. Sajki as a result whereof, she fell down. The first informant Mugla (brother of the deceased) accompanied with Narsa, Mansha and Vaja, reached the place of occurrence and on seeing them, the accused appellant ran away into the jungle. Sajki was lying outside the house with the mark of injuries near the left ribs, the abdominal area and on the right thigh. The first informant checked his sister for signs of life but realised that she had passed away. A written report with these allegations was submitted by Mugla (PW-5) at the Police Station Bekariya, District Udaipur on 18.08.2014 at 04.00 pm. whereupon, FIR No.92/2014 was registered for the offence under Section 302 IPC and investigation was commenced.

5. The body of Smt. Sajki was subjected to autopsy by a panel of doctors at the Public Health Center, Malwa Ka Chhora, Udaipur who noted the following abrasions and bruises on the dead body:

(i) abrasion measuring 4X2 cms. on left side of abdomen,

(ii) abrasion measuring 2X1 cms. on the right knee,

(iii) bruise measuring 5X2 cms. on the left side of abdomen,

(iv) bruise measuring 12 X 5 cms. over anterolateral aspect of right thigh lower 2/3rd,

(v) bruise measuring 10 X 5 cms. over anterolateral aspect of upper l/3rd of left thigh.

On opening the dead body, the abdomen was found to be distended and 1V2 liters clotted blood was found in peritoneal cavity. There was laceration measuring 2X2 cms. deep present over the hilum of spleen. A foetus of 4 months was present in the uterus. The cause of death was opined to be shock due to ante mortem bodily injuries which were sufficient in the ordinary course of nature to cause death. After usual investigation, charge-sheet came to be submitted against the appellant for the offence under Section 302 IPC in the court concerned. As the offence was exclusively Sessions triable, the case was committed to the court of Sessions Judge, Udaipur from where, it was transferred to the court of Additional Sessions Judge No.4, Udaipur for trial. The trial court framed charges against the appellant for the offence under Section 302 IPC. He pleaded not guilty and claimed trial. The prosecution examined as many as 17 witnesses and exhibited 25 documents to prove its case. The accused, upon being questioned under Section 313 Cr.P.C. and when confronted with the prosecution allegations, denied the same, claimed to have been falsely implicated but did not lead any defence evidence. On conclusion of the trial, the learned trial court proceeded to convict and sentence the appellant as above. Hence this appeal.

6. Shri J.V.S. Deora, learned counsel representing the appellant, did not question the finding of guilt recorded by the trial court against the appellant but advanced a solitary argument that the offence attributed to the appellant cannot travel to beyond Section 325 IPC. In this regard, he referred to the fact that in the FIR as well as in the evidence of the prosecution eye witnesses, it is clearly mentioned that the husband and the wife were quarreling with each other owing to the issue regarding their children having been sent to