Judgment:
S.S. Byas, J.
1. Accused Narendra Singh was convicted under Section 302 UPC and sentenced to imprisonment for life with a fine of Rs. 2,000/- in default of payment of fine to further undergo one years' rigorous imprisonment by the learned Sessions Judge, Jhainwar, by his judgment dated May 4, 1981.
2. The charge against the accused was that in the early hours on 5-6-87, he committed murder of his wife Smt. Shanti by inflcting numerous injuries with a knife.
3. Briefly stated the prosecution case is that the accused, who is a resident of Jiroli Kalan(UP) came to live with his wife in the town of Bhawani Mandi where his elder brother was living. Unforunately, he suspected fedility of his wife that she was having illicit relations with his elder brother. In the early hours on 5-6-87, he got up and inflicted numerous injuries with a knife to his wife Smt. Shanti, as a result of which, she passed sway instantaneously on the spot. The accused thereafter took the knife with him and went to the Police Station, Bhawanimandi, where he verbally lodged a report, Ex. P/8 of the incident at about 6.10 A.M. The police registered a case under Section 302 1PC and proceeded with the investigation. He was arrested then and there and the knife was seized from him. The Investigating Officer proceeded to the spot, inspected the site and prepared the site plan. He also prepared the inquest report of the victims dead body The post mortem examination of the victim's dead body was conducted on the next day by PW 6 Dr. Rameshwar Vijay, the then Medical Officer, Govt. Hospital, Jhalawar. The Doctor noticed the following injuries:
External injuries:
(1) Incised wound 1' x 1/2' x 1/4' on body of mendible and creel. Left;
(2) Stab wound 1' x 1/4' x 2' on angle of left mendible below of ear;
(3) Stab wound 1' x 1/2' x 2' no nape of neck just behind of left mastold;
(4) Stab wound 3/4' x 1/2 going deep in chest cavity in left anterior Axillary fold;
(5) Stab wound 1/2' x 1/4' x 1/2' on left clevicular region;
(6) Stab wound 2 No. 1/2' x 1/4' x 1-1/2' at highest point of left Eliac crest;
(7) Stab wound 1' x 1/2' Depth going to thoracoperitoneal cavity in 8th intercostal space;
(8) 1' x 1/4' x 1' stab wound on Rt. middle stornoneces fold region of neck;
(9) Stab wound 1' x 1/2' x depth going deep in thoraic cavity on back of chest wall 2-1/2' Rt. to thoraeic spine in 8th space;
(10) Stab wound 1' x 1/2' x 1-1/2'. It is 1/2' away from injury No. 8 Laterally on posterior chest wall;
(11) 1' x 1/2' x 1' stab wound 1-1/2' below injury No. 8;
(12) Stab wound 1/2' x 1/4' x 1' on left temperor region;
(13) Stab wound 1/2' x 1/4' x 1' below injury No. 11;
(14) 1/2' x 1/4' x 1' stab wound on left posterior axillary line on upper part of chest wall;
Internal Injuries:
(1) Haematoma in Rt. Sterno mastoid corresponding to injury No. 7;
(2) Injury No. 4 in left anterior axillary fold found, in and intercostal space-wound found in upper and anterior part of lung There is collection of blood in left lung cavity about 100CC;
(3) Injury No. 6 traced and found deep going in & caused cut wound on anterior surface of Rt. lob of liver about size of 2-1/2' transverse & 1' depth;
(4) Injury No. 8 going deep in chest wall and caused injury to Rt. lobe of liver from inferior surface piercing to anterior surface just lateral to gall Blader;
(5) Injury No. 9 has caused injury to Rt. lower part of Rt. lung 1/2' size Rt. lung collapsed.
In the opinion of Dr. Rameshwar Vijay the cause death was multiple stab wounds, particularly injury Nos. 6, 8, 9 and 4 It was a result of shock. The post mortem examination report prepared by him in Ex P. 14. The blood stained clothes of the deceased were seized and sealed. His clothes as well as the blood stained soil lifted from the place of incident and the knife recovered from the accused were sent for chemical examination to the State Forensic Science Laboratory, Rajasthan, Jaipur from where, report Ex.P/15 was received. As per the finding recorded in Ex. P/1S, human blood was found on all of them, but the group could not be ascertained. After when the investigation was over, the Police submitted a crime report against the accused in the court of Munsif and Judicial Magistrate, Bhawanitnandi, who in his turn, committed the case for trial to the court of Sessions Learned Judge framed charge under Section 302 IPC against the accused, to which he pleaded not guilty and faced trial. In support of its case the prosecution examined 15 witnesses and filed some documents. In defence, the accused adduced no evidence On the conclusion of trial the learned Sessions Judge found the charge duly proved against the accused. The accused was consequently, convicted and sentenced as mentioned at the very out set. Aggrieved against his conviction, the accused his taken that appeal.
4. We have heard Miss Deepa Ajwani, learned Amicus Curiae for the accused and Mr. R. Alvi, learned Public Prosecutor. We have also gone through the case file carefully.
5. Learned Amicus Curiae did not challenged the opinion of PW 6 Dr. Rameshwar Vijay relating the number and nature of injuries found on the victim's dead body and also the cause of death and, therefore, we need not discuss the medical evidence in details. Suffice it to say that the death of Smt Shanti was homicidal and not natural. It was vehemently contended by Miss Deepa that it is a case of nil evidence and the prosecution has utterly failed to connect the accused with the murder of his wife Smt. Shanti. It was argued that the FIR, Ex P/8 lodged by the accused at the Police Station has been held to be inadmissible in evidence by the learned Sessions Judge himself PW 1 Kanwari Bai. who is said to be an eye-witness of the incident, turned volte-face, and lent no support to the prosecution despite cross-examination by the learned Public Prosecutor It was further argued by her (hat though human blood was found on the knife recovered from the accused, it could not be ascertained that the blood found on the knife belonged to the same group of blood, which was found on the victim's clothes. Learned Amicus Curiae also argued that PW 13 Praveen who is son of the accused and the deceased was only four years in age. Learned Sessions Judge did not find him competent to make any statement. It was argued that as such there is absolutely no evidence to connect the accused with the murder of Smt. Shanti.
6. It was on the other hand contended by the learned Public Prosecutor that though the FIR, Ex. P/8 is not admissible in evidence, the fact that it was lodged by the accused and also the fact that he produced the knife before the Station House Officer, are admissible in evidence. It was further argued that human blood was found on the knife recovered from the accused.
7. We have taken the respective submissions into consideration. We are bold enough to say that it is case of Nil evidence, where the prosecution has miseradly failed to connect the accused with the murder of his wife. It is true that the accused and his wife were living together, but from that fact alone we are unable to say that it was he who managed to commit her murder. Ex. P/8 the First Information Report was not relied upon by the learned Sessions Judge in view of the law laid down by their Lordships of the Supreme Court in A. Nagesia v. State of Bihar : 1966CriLJ100 .
8. It is true that in view of the observations made by their Lordships, the fact that the accused lodged the First Information Report and that he produced the knife before the Station House Officer are admissible. But these two facts do not furnish any material and significant evidence so as to warrant conviction of the accused. PW 1 Smt. Kanwari Bai who according, to the prosecution, had seen the incident turned hostile and despite cross-examination nothing could be elicited from her, which may render any help to the prosecution, PW 13 Praveen was found to be incompetent to make statement as be was only four years in age and as such his statement was not recorded. He expressed his inability even to say whether the article shown to him was a dagger or knife. Learned Sessions Judge was perfectly right in not recording his statement.
9. It is true that human blood was found on the knife recovered from the accused when be lodged the FIR, but it has been consistently held that mere presence of blood on the weapon is wholly insufficient to base conviction
10. For the reasons aforesaid, we are unable to maintain the conviction of the accused. The conviction is wholly uncalled for.
11. In the result, the appeal is allowed and the conviction of accused Narendra Singh under Section 302 IPC and the sentence awarded to him thereunder are set-aside. He is acquitted of the offence he was charged with. The accused is in jail and shall be forthwith released, if not wanted in any other case.