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4. HC Mahavir Singh (PW-4) and Ct.Mathew who were in a PCR vehicle also picked up the wireless message flashed and being nearest to the house in question proceeded to the house. The respondent was admittedly found in the house holding a screw driver in his hand. Broken pieces of bangles were found scattered inside the house. Blood of the deceased was noted on the clothes of the respondent and as per the prosecution people outside the house were saying that the respondent had killed his wife. SI Ganga Ram PW-12 to whom DD 37A was assigned for investigation reached the house accompanied by Ct.Vajinder PW-5 and he recorded Ct.Mathew‟s statement Ex.PW-12/B as per which Ct.Mathew stated that when he and HC Mahavir Singh received information over the wireless they drove their PCR van to the house and saw a scared crowd outside the house expressing fear to enter inside as people were saying that the respondent was armed with a screw driver and had murdered his wife. The two police officers entered the house and disarmed the respondent and by the time SI Ganga Ram and Ct.Vajinder reached the house and therefore the screw driver as also the respondent was handed over to the two police officers.

Crl.A.No.53/1999 Page 10 of 16

20. The injuries on Manju Bala are obviously the result of somebody taking out his anger on Manju Bala; the ordinary household screw driver used as the weapon of offence adds on to the theory that it was an insider‟s job. We have to further factor in the testimony of HC Mahavir Singh PW-4 which finds corroboration from the FIR Ex.PW-9/A and suffice would it be to state that unlike statements under Section 161 Cr.P.C., statements/complaints under Section 154 Cr.P.C. can be used for corroboration, as per which testimony HC Mahavir and Ct.Mathew proceeded to the house of the respondent and the deceased upon hearing information that a quarrel was going on in the house. It is true that the person who gave the information has not been examined, but the fact that information of a quarrel was conveyed to the police is an important piece of evidence proved through the testimony of HC Mahavir. This corroborates with the injuries on the deceased which suggests that she was beaten by somebody with that somebody clinching his hand in a fist. Broken bangles found scattered in the house as depicted in the site plan Ex.PW-7/A prepared by Insp.Gurudev Singh PW-7 corroborate a quarrel. Blood has been lifted from inside a room near the kitchen and the internal courtyard of the house. The scene of the crime, with evidence of a quarrel inside the house and the assault on the deceased are all conclusively indicative of an insider‟s job. The fear of the crowd outside as deposed to by HC Mahavir also indicates that the assailant was inside the house. If the assailant had escaped and as claimed by the respondent he came to the house later, the crowd would have joined in the act of rescue and not stood fearfully outside. The conduct of the respondent is also important. If he claims that he saw his wife crying and injured with a screw driver stuck in her neck when he reached the house, his instant reaction would be to pull out the screw driver, which he claims he did, but then not sit around. He would have lifted the unfortunate lady in his arms to comfort her and not only summons a rescue for her by yelling out to the neighbours to help him but by lifting her and carrying her outside the house, to be transported to a hospital where medical aid could be given to her. We note that as per the post-mortem report Manju Bala weighed 50 kg and was a lady of thin built. The conduct of the respondent is in conflict with that of an innocent and a loving husband and is in consonance with the conduct of a husband having a motive to assault his wife.