JUDGMENT
J.C. Verma, J.
1. This appeal is directed against the order of the learned Distt. and Sessions Judge, Banswara, dated 25th Oct., 1993 whereby he had convicted the appellant Gauttam for life imprisonment under Section 302, IPC for killing his wife Soni on 10-4-92 at about 8-00 p.m. at his residence. The incident is said to have occurred on that date when appellant Gauttam had asked his wife Smt. Soni (deceased) to go to ‘Natry’ which was declined by the deceased wife. The appellant was got annoyed on such refusal and thereafter he assaulted his wife with ‘Wooden patia of Chakki’ and hit her, on her head, with it. The appellant being not satisfied with this beating, again attacked his wife with ‘Kulhadi’ (axe) and than again with knife. So much so, the appellant removed the clothes of the deceased and pierced her vagina with knife. He ran away after killing his wife.
2. On the facts mentioned above, an FIR was registered being FIR No. 32/92 under Section 302, IPC. The FIR was reported by Sh. Naku (PW-2), resident of Surajpura. It was stated by Naku that appellant Gauttam S/o Mangla was residing 200 yds. away from his house. He has got one daughter and four sons. It was reported to him today at 6-00 a.m. by daughter of appellant Gauttam, Smt. Sita that on the last night at about 8-00 p.m., there arose some quarrel between her mother and father about attending some marriage and her father on getting not proper reply from her mother, killed her mother with wooden ‘Patia’ and knife and dead body is lying at home and he had come to inform the police. On registering the FIR, the prosecution completed preliminary investigation and submitted the challan and accused was tried for the offence under Section 302 of the IPC.
3. The prosecution had examined 6 witnesses. Smt. Sita (PW I) is an eye-witness and is the daughter of deceased and accused. She had deposed that at the evening time when father and children had taken the food, her father had asked her mother to go to ‘Natray’, but her mother refused and even Sita (PW I) had also refused to go to ‘Natray’.
At this, her father lifted a ‘Chakki’ and hit her mother at her head and other parts of the body. Her mother had been requesting him not to hit her, but her father did not leave her. Her mother was able to free herself from him, but her father attacked her mother with ‘Kulhadi’ once again at her head and being not satisfied with this, her father once again took a knife and stabbed her mother at the head as well on the chest. Her mother was bleeding profusely and father then strangulated her mother with rope. She was threatened by the father not to tell this incident to any person. Next morning, after getting a chance, she went to the house of Naku (PW-2, complainant) and told the occurrence to him as well to one Mangu Ram. They had gone to police station.
4. Naku (PW-2) had reported this matter to the police station and he had corroborated the story given by Sita (PW-1) to the effect that he was visited by Sita (PW 1) in the morning and was told that her father had killed her mother. Naku (PW-2) went to the house of appellant Gauttam and saw the dead body of deceased Soni lying on a cot with numerous injuries on her body and he had reported the matter to the police.
5. The police after receiving the information had visited the spot and had prepared the site plan, and the panchnama. Kulhadi, knife and Chakki were recovered from the place of occurrence and dead body was examined. The blood smeared earth was also collected from the spot which was sealed vide fard PD-3 which was attested by Mangilal and the clothes of the accused, knife, blood smeared earth etc. were sent for FSL report. The recovery of the knife and the clothes given by the accused to the police were sealed as Fards. The medical report PD-5 was prepared by Dr. Ram Narayan. Doctor had reported that there were injuries at the neck, head and hands, with sharp edged weapon and even her vagina was ruptured because of stabbing with sharp edged weapon. There were abrasions at the neck, hands and legs and haematoma was found by opening the head. Statements of accused were recorded under Section 313, Cr. P.C. in which he had denied the involvement and had further stated that he had gone to village for ‘Notray’.
6. The question arising in the present appeal is, whether the appellant had committed the murder of his wife in the manner as has been alleged by the prosecution. Apart from the other factors, the main witness of the prosecution is the daughter of the accused, whose age is 12 years. From her statement recorded before the trial Court and after going through the whole of the proceedings, it is found that she is able to depose and also understands the consequences of the same. She seems to be an intelligent girl of about 12-13 years who has seen the occurrence. An objection has been taken that because of her age, her statements should not be relied upon, but no circumstance has been brought on record as to how and why she should not be believed. She is not under the influence of any person, even though she is living with her maternal uncle. The statement of PW-I Smt. Sita is not only natural and trust-worthy but also seems to be quite true. She has deposed that previously also her parents used to quarrel and her father used to give beating to her mother as well. On the night of occurence, she is the only witness who has seen the occurrence and has narrated the same in detail. There is no reason whatsoever for PW-1 Sita to depose against her own father. Only because of the reason that after the death of her mother, she had been living with her maternal uncle, it cannot be assumed that she would depose against her father at the asking of maternal uncle. No circumstance has been brought on record or even in the cross-examination of this witness to disbelieve her. There is no reason on the part of daughter to involve her father in this case. The occurrence has been narrated by her immediately when she got a chance to go out of her home in the morning which is quite natural and after going through her statement and also the cross-examination, it becomes clear that this type of statement can only be given by a witness who has seen the occurrence. She has even narrated not only the manner in which the injuries were given, but also has narrated the situs of injuries whenever given by the appellant to his wife which corroborates that situs of injuries as produced by the prosecution by way of evidence produced through medical experts i.e. doctors. She has also stated that her mother was strangulated and it has been found that there are ligature marks on the neck of the deceased as corroborated by the medical evidence. The injury report and the statement do find the incised wound with the sharp edged weapon on different parts of the body as stated by the witness. The witness has stated that the appellant had removed the clothes of her mother and also given a stab wound with knife on the vagina which is again corroborated in the medical evidence when it has been found to be punctured and bleeding. The injury given by hitting ‘Chaki’ on the head of deceased is also corroborated by the medical evidence. This witness had given statement that her father had hit the deceased with ‘Chaki’ on the head. As a matter of fact, the statement of this witness PW-1 Sita is fully corroborated so far as injuries are concerned with medical evidence.
7. Apart from above this witness has behaved in a natural way when she immediately reported the matter to PW-2 Naku when she had got a chance to go to his house. This has been so corroborated by PW-2 Naku. PW-3 Mangi lal had sent the blood smeared clothes knife, soil etc. for FSL tests. PW-4 Havji was the attesting witness to the preparation of Panchnama, recovery of knife containing the blood which were sealed in his presence. The clothes of the appellant were also seized in his presence vide Ex. P-12. Dr. Ram Narain (PW-5) had examined the deadbody and deposed that there were ligature marks on the neck, multiple incised and stab wounds on the head and hands. He found vagina also punctured and abrasions on the neck, hands and knees. Haematoma was also found on opening the head in the left parietal region. He found blood oozing out of the teared vagina. The cause for the death was because of suffocation and haemmorrage because of profuse bleeding from the incised wounds and ruptured vagina and according to his opinion, it was homicidal death occurred within 24 hours of the post mortem.
8. PW-6 Bhanwar Singh, had investigated the case, recorded the statements of the witnesses, prepared the site plan, recorded the weapons used by the appellant, seized the blood clothes of the appellant, collected the soil from the spot and sealed the same.
9. After thoroughly going through statements of the prosecution witnesses, documents produced etc., there is no doubt left that the appellant Gauttam has been rightly convicted by learned Sessions Judge, Banswara vide his order dated 24-5-1993 and no interference is required in the case of prosecution which stands fully proved.
In the result, appeal is dismissed.