( 1 ) APPELLANT has been convicted under Sections 302 and 498a, I. P. C. and sentenced to undergo imprisonment for life and rigorous imprisonment for three years respectively. The sentences have been directed to run concurrently.

( 2 ) THE substance of charge against the appellant is that he committed the murder of his wife, Razda Begum. They were married a few months before the occurrence. The appellant was always finding fault with his wife for not bringing enough dowry and uttering abuses at her and even assaulting her. On 10-6-1986 (10-7-86), the appellant took his wife from his house telling her that he would take her to Begum Gunj where her parents were residing and thereafter take her to Bhopal for a change. They had to reach Begum Gunj by walking through forest area. At about 9 p. m. , when they were inside the forest, he started abusing his wife and when she protested, he assaulted her with a farsa, a sharp edged weapon, and ran away. She fell down unconscious. Regaining consciousness the next morning, she slowly walked to Begum Gunj and reached her uncle's place at about 4 p. m. She informed her father P. W. 1, brother P. W. 2, sister P. W. 3 and others about the incident. She was taken to Begum Gunj police station where she got Ex. P20, F. I. statement prepared by a police constable. Charge witness No. 15, S. I. Police, Begum Gunj received Ex. P. 20, but did not prepare F. I. R. since the scene of occurrence was outside the jurisdiction of the police station. He prepared Ex. P19, report and sent Exhibits P19 and P20 to Rahatgarh police station where P. W. 11, S. I. Police received the same and registered a case against the appellant on the basis of Exs. P19 and P20. Meanwhile the injured was taken to Begum Gunj hospital where she was treated by P. W. 9 and thereafter taken to Raisen hospital. She died on 23-7-1986.

( 3 ) P. W. 10 conducted autopsy on the dead body. P. W. 12, S. I. Rahatgarh police station held inquest over the dead body. He and P. W. 11 conducted investigation. Appellant was arrested on 12-7-1986. After completing investigation, charge-sheet was filed on 21-7-1986.

( 4 ) ON the appellant pleading not guilty, prosecution examined 13 witnesses and marked the relevant documents. Defence examined one witness.

( 5 ) APPELLANT, when questioned, stated that P. W. 4 and Akhtar were not happy with his marriage with Razda Begum and they had threatened him. It was suggested in cross-examination of some of the witnesses that P. W. 4 and the deceased were visiting each other and on the day in question, the deceased left the house without his knowledge.

( 6 ) THE trial court accepted the prosecution evidence and held the appellant guilty of the charge.

( 7 ) EVIDENCE of P. W. 9 shows that the deceased had 2 incised injuries, one on the left occipital region and the other on the right arm. They were found to be simple injuries by clinical examination.

( 8 ) AFTER sustaining the injuries, the injured lived for 13 days. P. W. 10 who held autopsy on the dead body, found only one injury, viz. incised gaping wound over the anterior mastoid process on the base midline, measuring 10 c. m. x 3 c. m. Infection caused tetanus and death was as a result of asphyxia caused by tetanus due to infection of the wound.

( 9 ) WE may refer to the following passages in Mayne's on Criminal Law of India, 4th Edition, at pages 447, 469 and 476. "it is indisputable that death should be connected with act of violence not by chain of causes and effects, but by such direct influence as is calculated to produce the effect without the intervention of any considerable change of circumstances. ""any act is said to cause death within the meaning of Section 299 when death results either from the act itself, or from some consequences necessarily or naturally flowing from that act reasonably contemplated as its results. ""the real question was whether in the end, the wound was cause of death. "

( 10 ) WE may also advert to the follo