Full Judgment Text
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CASE NO.:
Appeal (crl.) 1291 of 1999
PETITIONER:
MANDHARI
Vs.
RESPONDENT:
STATE OF CHATTISGARH
DATE OF JUDGMENT: 16/04/2002
BENCH:
R.P. Sethi & D.M. Dharmadhikari
JUDGMENT:
DHARMADHIKARI, J
The appellant’s conviction and sentence of imprisonment under
Section 302 Indian Penal Code passed by Second Additional Sessions
Judge Ambikapur (Surguja) vide judgment dated 9.2.1987 has been
confirmed by the High Court of Madhya Pradesh by its Judgment dated
6.11.1996 in Criminal Appeal No.200 of 1987. The appellant has
approached this Court after obtaining Special Leave against his
conviction and sentence.
The case of the prosecution against the appellant is that on
13.5.1985 at about 4.00 p.m. he killed his wife Kassobai @ Singerjheen
by strangulating her. It is also alleged that he falsely stated to Patel
(PW-1) and Kotwar (PW-2) of the village that his wife had committed
suicide. It is further alleged that it is only on the advice of the Patel and
Kotwar that he gave intimation of death (Ex.P-8) on 14.5.1985 at 9.00
a.m. in Police Station Jai Nagar and on the basis of which a formal FIR
(Ex.P-9) was recorded.
The case of the prosecution is based on circumstantial evidence
which has been accepted both by the trial court as well as the High
Court in appeal.
The most culpable circumstance found to have been proved and
accepted by the courts below against the accused is that he had himself
made a false report of commission of suicide by his wife and admitted in
his examination under Section 313 Criminal Procedure Code that he was
present in the house at the time of incident. His case was that he heard
some sound in the adjoining room and when went inside, found his wife
hanging by neck with a sari tied on the rafter of the roof of the house.
He then untied the sari, brought down the dead body, first reported the
matter to the villagers and then to the police. The post-mortem report
prepared on autopsy conducted by Dr. PC Jain (PW-8) shows that there
was ligature mark on the neck of the deceased which was anti-mortem.
The opinion of the doctor is clear and definite that such ligature mark of
5 cm width in horizontal position cannot be caused by hanging but could
have been caused by strangulation. Medical evidence, therefore,
completely falsifies the case of the appellant that on his return from the
field to his house he had found his wife hanging and thus she had
committed suicide. The conduct of the accused is also not natural.
When he found his wife hanging by neck he neither raised any hue and
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cry nor called any villagers living nearby. He all alone brought down the
body hanging from the roof. He thereafter did not report the matter
immediately. When villagers collected he took a plea that she had
committed suicide. He also did not report the matter on his own but, as
is deposed by Dilboodh (PW-2), Kotwar, it is on his insistence and of the
Sarpanch that he reported the matter to the Police. These witnesses also
stated that the wife had complained in the past to the Panchayat that
the appellant was ill-treating her and was not providing her food.
After hearing learned counsel appearing and on going through
the record we find no ground to take a different view of the evidence.
The accused in his examination under Section 313 Cr.P..C. had admitted
that he was in the house and on hearing a sound had rushed to find his
wife hanging by neck. His defence that his wife committed suicide has
been found to be false and the same is not corroborated by medical
evidence. The above facts coupled with the circumstances that they
were not leading a congenial marital life, the unnatural conduct of the
accused subsequent to the incident; the spot map (Ex.7) showing that
the rafter of the roof to be at such height as was unapproachable for
committing suicide - cumulatively lead only to one irresistible conclusion
that the accused alone was the author of the crime and had taken a
false defence that he had seen the deceased to have committed suicide
by hanging herself.
In the aforesaid state of evidence we find no ground to upset the
judgment of conviction and sentence. Consequently the appeal fails and is
dismissed.
...J
[ R.P. Sethi]
J
[ D.M. Dharmadhikari ]
April 16, 2002