The main legal point established is the reliance on the appellant's statement, witness testimonies, and evidence of the nature of injuries to establish guilt under Section 302 of the Indian Penal Code.

S.K. Gangele, J.

1. The appellant has filed this appeal against the judgment dated 09.03.1995 passed by the Addl. Sessions Judge, Jabalpur in Session Trial No. 592/1992 whereby the appellant has been convicted under Sections 302 of the Indian Penal Code and sentenced to undergo life imprisonment.

2. The prosecution story in brief is that the appellant was living with his wife and two children. At around 7:30 pm in the evening on the date of incident i.e. 31.05.1992, the appellant returned to his house from the shop. He enquired from his wife Parvati (since deceased) about the meal. There was a quarrel on this ground because the meal was not cooked. Appellant had a suspicion about character of his wife. Thereafter, he had inflicted number of injuries by a sickle on person of the wife and he had also thrown a stone on the head of his wife. She died. Shantibai ((PW-1) mother of the appellant tried to save the deceased. Appellant bite her thumb. The report of the incident was lodged at 8:30 by Shantibai. Appellant himself reached at the Police Station, Lordganj and lodged the FIR (Exh. P/12-A). He was taken into custody. Police conducted investigation and filed charge-sheet. Appellant abjured guilt and pleaded innonce during trial.

3. Learned trial Court held the appellant guilty for committing offence under Section 302 of IPC and awarded sentence of life.

4. Shantibai (PW-1) who is the mother of the appellant turned hostile. She denied the fact that appellant had inflicted injury to the deceased. In her cross-examination, she deposed that she had seen the deceased Parvati lying dead. Thereafter, she went to Mayan Mahal station to inform the appellant. She admitted the fact that there was blood on the clothes of the appellant.

5. B.P. Tiwari (PW-2), Photographer for Police Department deposed that, on receiving information, I went along with Incharge Police Station to the place of occurrence and I had taken photographs of the deceased which are Exh. P/1 to P/7.

6. Tirath Prasad (PW-3) deposed that, I recorded Rojnamcha sana Exh. P/8. Thereafter, I sent the body of the deceased to Victoria Hospital. It is mentioned in the report lodged by Shantibai that there was a quarrel between husband and wife. The appellant had inflicted injuries to the deceased by a sickle.

7. Sheikh Abdulla (PW-4) turned hostile. He denied that any seizure was made before him. However, he admitted the fact that he had signed the seizure memo (Exh. P/10). He was declared hostile.

8. Govind Prasad (PW-5) also turned hostile. He admitted that seizure was made before him vide seizure memo (Exh. P/11) and I signed the same. He admitted his signatures on Exh. P/9 and P/10.

9. Dr. Jainarayan Sen (PW-6) deposed that, I examined Shantibai and noticed one lacerated wound of 1/2cmx1/2cm at the backside of head and one incised wound of teeth bite of 1/4cmx1/4cm on the right thumb.

10. Chandra Mohan Patel (PW-11) is the brother of the deceased. He deposed that, when deceased died she was living with appellant Khemchand. When I returned home at around 9:30 pm, Parvati was dead. Her body was lying at the varanda of the house. There were injuries on her body. The appellant was not there. Police had taken him. I signed Exh. P17 and P/18.

11. Dr. D.K. Sakle (PW-12) deposed that, I performed postmortem of the deceased and noticed following injuries on her person :

(i) Skull is completely crushed with fracture of all the bones of the skull. Brain matter is lying outside the cranial cavity.

(ii) Lacerated wound of size 2”x1/2” above the left eye.

(iii) Seven stab wounds of size 3/4”x3/4” of variable depths present over the left side of the neck.

(iv) Five stab wounds of size 3/4”x3/4” of variable depths present on the left side of the chest.

(v) Six stab wounds of size 3/4”x3/4” of variable depths present over the left upper arm and elbow.

(vi) Four stab wounds of size 3/4”x3/4” of variable depths present to the left of backside of the chest.

(vii) Stab wound of size 3/4”x3/4”x skin deep