1.In this appeal by special leave appellant is challenging the conviction and sentence imposed on him under Section 302 of the Indian Penal Code. He was sentenced to life imprisonment plus a fine of Rs. 5,000/ -. The case against him is that he killed his wife Saroj on the evening of 5-11-1995 inside their abode.
2. The case was registered on the basis of the first information statement lodged by P.W. 2-Yad Ram. He told the police that he heard the noise of cries from the house of the accused and he called out for help from others. With the help of P.W. 6-Santosh Kumar, who reached the scene, P.W. 2 went inside the room of the accused and found Saroj lying badly injured. Accused was found standing nearby. Saroj was later removed to the hospital for which accused did not render any help. Saroj was declared dead by the time she was brought to the hospital.
3. Since there was no eye-witness to the occurrence, prosecution depended upon circumstantial evidence alone. We have noticed the following circumstances which areincriminating as against the accused.
1. Saroj was found injured at 4-30 p.m. inside the room in her house and accused alone was available in the house then be sides the deceased.
2. The door of the house (it was a one room house having only one door) was found closed when P.W. 6 called the assistance of P.W. 2 for making entry into the room.
3. When the injured Saroj was to be removed to the hospital in the precarious condition, accused did not render any help and the neighbours had to remove her to the hospital.
4. When the accused was arrested and interrogated by the police he told P.W. 9 (Investigating Officer) that he had concealed a knife and iron pipe at a particular place. Pursuant to the said disclosure P.W. 9 recovered one knife and an iron pipe. Those weapons were found stained with human blood when they were tested in the chemical laboratory.
4. The above circumstances are sufficient to form a completed chain that the assailant of deceased-Saroj was the accused and none else. We, therefore, concur with the finding of the trial Court and the High Court that the accused is responsible for the injuries which deceased-Saroj sustained.
5. But, then the more important question is whether accused is liable to be convicted under Section 302 of Indian Penal Code. When the post-mortem examination wasconducted on 7-11 -95 P.W. 1 Doctor Jagdish Gupta had noted the following ante-morteminjuries:
1. Contusion over right breast, 2 cm x 2 cm.
2. Contusion over middle of forehead, 3 cm x 2 cm.
3. Contusion over right scapular region, 3 cm x 3 cm.
4. Contusion just below left scapular, 3 cm x 2 cm.
5. Two contusion over lower back, 3 cm x 2 cm each.
6. Multiple small abrasions over both lips.
7. Five teeth from upper jaw missing with fracture alveolus.
8. Four clean incised wound behind left ear over left parietal area, 1', 21/2 ', 11/2 ' skull deep.
9. Lacerated wound over middle or skull, ' in size skull bone-normal.
6. All the internal organs were found normal. The skull was also found normal. According to the Doctor the death could be due to excessive bleeding.
7. None of the injuries can be said to be individually or collectively sufficient in the ordinary course of nature to cause death. This is a case where death became the con sequence because of excessive bleeding. Therefore, it is not a case which can be brought under any one of the four clauses under Section 300 of I.P.C. It would remain only within the range of culpable homicide not amounting to murder.
8. We, therefore, alter the conviction to Section 304, Part II of the I.P.C. In the circum stances of the case we impose a sentence of rigorous imprisonment for seven years.
9. The appeal is disposed of with the above modification of the conviction and sentence.