JUDGMENT :

Sandeep Mehta, J.

1. The appellant herein has been convicted and sentenced as below vide judgment dated 28.01.2020 passed by the learned Sessions Judge, Hanumangarh in Sessions Case No.84/2013 (CIS No.241/2014) :

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 hereinbelow.

The appellant herein was married to Smt. Rampyari. He and Smt. Rampyari alongwith their three children were living together at the house of Nikki, sister of Rampyari, in the village Ahmedpura for the last 15-16 days prior to the incident and were engaged in harvesting cotton crop. On 10.10.2013, Nikki was playing music on the mobile while harvesting cotton in the field to which Krishna Singh protested on which, Rampyari told him to go elsewhere and work. As per the prosecution, Krishna Singh was habituated of consuming liquor and would quarrel with his wife while being under intoxication. He threatened Rampyari insinuating that she could expect retribution in the night. All the family members completed the job of collecting cotton and reached home where, they had dinner and went to sleep. Nikki and her husband Balwant Singh heard fervent cries in the morning at about 4-5 AM upon which, they and other inmates present in the house, woke up and claimed to have seen the appellant inflicting blows of a lathi or some sharp weapon on the face of Rampyari. Thereafter, he fled away from the spot. Rampyari became unconscious and was lying on the cot. Nikki raised a hue and cry on which, the neighbour Chhinder Kaur came there. Another neighbour Subhash was asked to summon the ambulance and on arrival thereof, Rampyari was taken to the Government Hospital, Pilibanga from where she was referred to Hanumangarh and then on to Bikaner for treatment. Smt. Nikki filed a written report (Ex.P/1) to the SHO Pilibanga on 11.10.2013 at 3.30 PM with the above allegations whereupon, FIR (Ex.P/2) came to be lodged at the Police Station Pilibanga for the offences under Sections 323 and 341 IPC and investigation was commenced.

The usual process of investigation was undertaken. The medical reports of Rampyari were procured. The accused was arrested and the usual recoveries were effected. Smt. Rampyari was discharged from the PBM Hospital, Bikaner on 25.10.2013 after her injuries had healed. Her condition suddenly deteriorated on which, she was again admitted to the hospital on 30.10.2013 and expired on the same day. It is important to note that despite Rampyari having been discharged from the hospital purportedly after her wounds had healed, the Investigating Officer did not record her statement. The dead body of Smt. Rampyari was subjected to autopsy at the Government Hospital, Pilibanga by Dr. Bhanupratap Singh (PW-5), who issued the postmortem report (Ex.P./9) opining that apparently, the cause of death of Rampyari was respiratory failure brought around by complications owing to the injuries inflicted to her.

On conclusion of investigation, the I.O. proceeded to file a charge-sheet against the accused appellant for the offence punishable under Section 302 IPC. Since the said offence was Sessions triable, the case was committed to the Court of the Sessions Judge, Hanumangarh where charge was framed against the accused who pleaded not guilty and claimed trial. The prosecution examined as many as 17 witnesses and exhibited 42 documents to prove its case. The accused, upon being confronted with the prosecution allegations in his statement recorded under Section 313 Cr.P.C., denied the same and claimed to be innocent but did not lead any evidence in defence. On conclusi