Full Judgment Text
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PETITIONER:
MULAKH RAJ ETC.
Vs.
RESPONDENT:
SATISH KUMAR AND OTHERS
DATE OF JUDGMENT10/04/1992
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
KULDIP SINGH (J)
CITATION:
1992 AIR 1175 1992 SCR (2) 484
1992 SCC (3) 43 JT 1992 (2) 554
1992 SCALE (1)804
ACT:
Criminal Law :
Indian Penal Code, 1860: Sections 302 and 201-Death of
wife-Strangulation and destruction of dead body by burning
to destroy evidence-Sessions Court convicting husband on the
basis of post-mortem report and medical and other
circumstantial evidence-Acquittal by High Court-Whether
justified-Symptoms on dead body showing death due to
pressure on neck-Medical evidence revealing ante-mortem
strangulation and 95% post-mortem burn injuries-Doctor’s
evidence clear, cogent, truthful, reliable and conclusively
establishing death due to asphysxia, and consistent with
medical jurisprudence-Circumstantial evidence connecting
husband-accused with the crime-Hence death homicide and not
suicide-High Court not justified in reversing Court’s
conviction of husband-Accused.
Criminal Trial
Murder of wife-Motive-Proof-Absence of-Whether material
when facts are clear-Whether breaks the link in the chain of
circumstances connecting husband accused with the crime.
Murder of wife and destruction of evidence-Suspicion
that someone amongst parents and brother of husband-accused
might have facilitated accused to screen evidence-Whether a
substitute for proof-Acquittal of these accused-Whether
proper.
Medical Jurisprudence :
Ante-mortem and post-mortem burn injuries-Distinction
between.
HEADNOTE:
The first respondent, his brother and parents were
charged under Section 302 read with section 34 and section
201 I.P.C. for the murder of first respondent’s wife and
screening of evidence.
485
After seventeen months of marriage of the deceased with
the first respondent, PW.15, deceased’s brother received a
telegram that his sister had died. Immediately, the same
night at 9.00 P.M., he came to the first respondent’s place
and found that his sister was dead. He alleged that the
first respondent had made extra judicial confession that the
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deceased was strangulated for not getting the dowry of their
demand, and that she was burnt to destroy the evidence and
sought pardon of him. He sent for his people. A
compromise was mooted to which he was not agreeable. A
complaint was lodged with the police the next day. PW.1,
the doctor, held the autopsy and found that the death was
due to asphyxia.
The prosecution adduced evidence of PWs. 9 and 15 for
the motive of demand for more dowry, extra judicial
confession of first respondent, said to have been made to
PW.15 that the deceased was strangulated, for not getting
dowry of their demand and burnt to destroy evidence, and
recoveries etc.
PW.1, the Doctor, who conducted post-mortem in his
evidence stated that the deceased died due to asphyxia, as a
result of strangulation, which was ante-mortem and
sufficient to cause death in the ordinary course of nature,
and that burn injuries were 95 per cent, on the entire body
except on the feet, and these were post-mortem.
The Sessions Judge disbelieved the extra judicial
confession spoken to be PW.15 and others, but accepted the
evidence of PW.1 and other circumstantial evidence and found
that the first respondent had strangulated the deceased and
burnt the body to destroy the evidence, and convicted him
under Section 302 and 201 I.P.C. However, the Sessions
Judge acquitted the other respondents giving them benefit of
doubt. On Appeal, the High Court acquitted the first
respondent and confirmed the acquittal of the other
respondents.
Aggrieved, the brother of the deceased, the
complainant, and the State filed appeals by special leave,
before this Court.
It was contended on behalf of the respondents that
since palms were not clenched and the eyes did not protrude
but were half closed , the mouth was closed and tongue was
not protruding and the duration of death was of 5 to 10
minutes, as opined by the doctor, it was not a case of
strangulation, but suicide, that the respondents had no
motive, and in fact, the High
486
Court had found that the evidence was not sufficient to
establish motive, and the case was based on circumstantial
evidence and, therefore, motive being absent, the
prosecution had failed to establish this important link in
the chain of circumstances to connect the accused, and that
the evidence of DW.4., and the statement of first respondent
under Section 313 Cr.P.C. clearly established that the
respondent was not at home when the occurrence had taken
place.
Allowing the appeals, partly, this Court,
HELD : 1.1 In a case founded on circumstantial evidence
the prosecution must prove all the circumstances connecting
unbroken chain of links leading to only one inference that
the accused committed the crime. If any other reasonable
hypothesis of the innocence of the accused can be inferred
from the proved circumstances, the accused would be entitled
to the benefit. What is required is not the quantitative
but qualitative, reliable and probable circumstances to
complete the chain connecting the accused with the crime. If
the conduct of the accused in relation to the crime comes
into question the previous and subsequent conduct are also
relevant facts. Therefore, the absence of ordinary course
of conduct of the accused and human probabilities of the
case also would be relevant. The court must weight the
evidence of the cumulative effect of the circumstances and
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if it reaches the conclusion that the accused committed the
crime, the charge must be held proved and the conviction and
sentence would follow.
[491F-H, 492A]
1.2 Undoubtedly, in cases of circumstantial evidences
motive bears important significance. Motive always locks up
in the mind of the accused and some time it is difficult to
unlock. People do not act wholly without motive. The
failure to discover the motive of an offence does not
signify its non-existence. The failure to prove motive is
not fatal as a matter of law. Proof of motive is never
indispensable for conviction. When facts are clear it is
immaterial that motive has been proved. Therefore, absence
of proof of motive does not break the link in the chain of
circumstances connecting the accused with the crime, nor
militates against the prosecution case. [498H, 499A]
1.3 In the instant case, it is clearly established that
the deceased aged about 22 years, was exterminated hardly
one year and five months after the marriage. As per
doctor’s evidence, she died of asphyxia, as a
487
result of strangulation, and that 95% post-mortem burn
injuries were found over the dead body except the feet. He
positively ruled out the theory of alternatives or suicide.
[491E-E]
1.4 A study of medical jurisprudence establishes that
the symptoms found at post-mortem are not uniform but
variable depending on the compression employed on the neck
and duration. It would be an inferential fact since direct
evidence would rarely be available. [497G-H]
Taylor’s Principles and Practice of Medical
Jurisdrudence, Thirteenth Edition 1984 by Keith Mant, Vol.
I pps. 282, 283, 286, 287, 305; Gradwolh’s Legal Medicine,
Second Edition Chapter 18, pps. 336, 337; Medical
Jurisprudence by Raju & Jhala : Chapter XXI p.226; Medical
jurisprudence and Toxicology, 13th Edn. by Modi p. 155, 156,
159 and 161 and H.W.V. Cox’s Medical jurisprudence and
Toxicology by Dr. Bernard Kinght, 5th Edn. in Chapter 1 p.
207 and 213, referred to
1.5 In the instant case, all the symptoms found on the
dead body of the deceased unmistakably show that her death
was due to pressure on the neck and the findings at the
post-mortem examination recorded by the doctor and his
evidence are consistent with medical jurisprudence. The
duration of death also depends on the mode of pressure
employed and the circumstances in which constriction was
done. Doctor’s evidence is clear, cogent and convincing in
his findings that the death was due to asphyxia and not due
to suicide. The doctor had meticulously done an expert and
excellent autopsy with grasp of medical jurisprudence to
establish, without any shadow of doubt, of the cause of
death of the deceased as asphyxia. [498D-E]
1.6 The evidence of PW.1, the doctor, is truthful,
reliable and acceptable. From his evidence it is now
conclusively established that the death was due to
constriction (asphyxia) and that a deliberate attempt was
made to destroy the evidence of death by pouring kerosene on
the dead body and burning the dead body extensively of 95%.
The High Court committed palapable illegality in accepting
the defence version to doubt the evidence of the doctor.
The death was, therefore, homicide and not suicide. [498E]
1.7 The evidence of DW.4, maternal uncle of the first
respondent, that the first respondent, his brother and
father were in the shop at the relevant time has to be
considered in the light of the attending circumstances and
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the conduct of the first respondent. It is established from
the
488
eivdence that the deceased and the first respondent alone
were living in the upstair’s room. The occurrence took
place in the broad day time in their bed room. Admittedly,
the day of occurrence is a Sunday and that too in the
afternoon. Therefore, the shops must have been closed.
DW.2, Post Office Superintendent, examined by the defence,
categorically admitted that the handwriting of all the four
telegrams was of the same person. The first respondent
admitted that he issued two telegrams including the one to
PW.15 and the two were issued by this father. Therefore,
four telegrams were issued by the first respondent alone.
When the wife was practically charred to death, and
innocent, and compassionate husband would be in a state of
shock and would not move from the bed-side of the deceased
wife and others would attend to inform the relations. It is
also his case that he phoned to the police station and
informed of the occurrence. Evidence is other way about.
An attempt was made to have the matter compromised, but
failed. Thereafter they were found to be absconding. The
evidence of DW.4 that the first respondent was in the shop
thus gets falsified and his is a purgered evidence. This
false plea is a relevant circumstance which militates
against his innocence. The death took place on the bed room
of the spouse and the attempt to destroy the evidence of
murder by burning the dead body; the unnatural conduct of
the first respondent immediatley after the occurrence, the
false pleas of suicide and absence from house are telling
material relevant circumstances which would complete the
chain of circumstantial evidence leading to only one
conclusion that first respondent alone committed the ghastly
offence of murder of his wife, the deceased. Though the
torn pieces of the letter would indicate that she
contemplated to commit suicide, obviously it was due to
being unable to bear with the mental torture brought upon
her. She accordingly must have written, but later changed
her mind seeing the tender son in her arms and not to make
him to lose mother’s care and affection. That would clearly
show that she was not being treated well. Far from being
helpful, this circumstances also is in favour of the
prosecution and against the husband showing that the
deceased was subjected to cruelty. No credence can be given
to the plea that the first respondent was not the author of
the crime and the plea that no neighbour was examined by the
investigation officer as they were not prepared to give
their statements. Therefore, the investigating officer was
helpless in collecting the evidence from the neighbours. It
is not an insurance that he was innocent. The delay in
filing F.I.R. cannot be considered fatal to the prosecution.
Admittedly, PW.15 was residing in another place. On receipt
of the telegram he rushed to the place and immediately on
seeing the dead body
489
he sent for his relations. After they come to the scene, the
F.I.R. was lodged on the next day. The delay in lodging
F.I.R. is of little significance. [499B-H, 500A-G]
1.8 The High Court did not consider the evidence in
proper perspective. The order of acquittal of the first
respondent is set aside and his conviction and the sentences
awarded by the Sessions Judge restored.
[501B]
1.9 The evidence of PWs. 15 and 9, regarding the motive
was found to be shaky by the High Court and for the
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reasoning given, it might appear to be probable. In those
circumstances the animation by the in-laws and brother-in-
law to be a privy to the ghastly murder cannot be positively
concluded. Undoubtedly, the parents and brother might be
present. They or someone amongst them might have
facilitated the first respondent to screen the evidence of
murder. Suspicion is not a substitute for proof. No proof
beyond doubt is forthcoming. Under these circumstances on
the facts of this case their acquittal is right. [500H,
501A-B]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.
22 to 25 of 1983.
From the Judgment and Order dated 25.11.81 of the
Punjab & Haryana High Court in Criminal Appeals Nos. 281-DB
of 1981 and 528-DB of 1981.
I.S. Goyal, Ms. Indu Malhotra and S.M. Ashri for the
Appellants.
U.R. Lalit and Prem Malhotra for the Respondents.
The Jugdment of the Court was delivered by
K. RAMASWAMY, J. The four appeals arise out of common
incident. They are disposed of by common judgment. The
complainant, the brother of the deceased Shashi Bala filed
two appeals and the State filed other two appeals by special
leave granted by this court against the judgment of the
Division Bench of Punjab & Haryana High Court dated November
25, 1981 acquitting Satish Kumar, the first respondent of
the conviction and sentence under section 302 and 201,
I.P.C. of the charge of murder of Shashi Bala, his wife, and
also in the same judgment confirmed the acquittal, by the
Sessions Court, of Gulshan Kumar, brother, Ramji
490
Das, the father and Smt. Kartaro Devi, the mother of Satish
Kumar. Shashi Bala, a beautiful young lady of 20 years was
married to Satish Kumar, the first respondent, on March 1,
1979 and she met with a homicidal death on August 10, 1980
in her marital home. The crucial question in this case is
whether is was suicide as contended by the defence or
homicide as stated by the prosecution and who is the author
of the murder. The facts lie in a short compass. They are
stated as under.
As stated the deceased was married to the first
respondent on March 1, 1979 by her brother Harbans Lal, PW.
15. She was given usual presentation of the gold ornaments,
utencils, television set etc. She gave birth to a male
child and by August 10, 1980 the boy was 3 months old. PW.
15 gave on June 8, 1980 Rs. 5,000 to her as against Rs.
10,000 requested for. He received a telegram on August 10,
1980 at Sasuna, Punjab State that Shashi Bala died. He
immediately came to Uklana Mandi, Haryana State at about
9.00 p.m. on August 10, 1980 and found Shashi Bala dead. It
is his case that Satish Kumar made extra judicial confession
that the deceased was strangulated for not getting the dowry
of their demand and that she was burnt to destroy the
evidence and sought pardon of him. He sent for his people.
A compromise was mooted to which he was not agreeable. The
complaint was laid with the police on August 11, 1980. PW.1
Dr. Sher Singh held the autopsy and found that the death was
due to asphyxia. The police laid the charge under section
302 read with sections 34 and 201 I.P.C. against all the
respondents. The prosecution adduced evidence of PWs9 & 15
of the motive of demand for more dowry; extra judicial
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confession and recoveries etc. The defence set up by the
respondents was that the relationship between the deceased
and the first respondant was cordial. No demand for dowry
was ever made. The first respondent arranged marriage of
Parmila, sister of the deceased with one Gopal, his cousin
which later was broken down due to which the deceased became
gloomy. In support thereof they produced a letter of torn
pieces (Ext. E). Therefore , it is their case that the
deceased poured kerosene on herself and set fire to herself
and committed suicide. It is their further case that while
the first respondent, his brother and father were in the
shop in the afternoon, they were informed of the suicide
committed by the deceased. By the time they came home they
saw some people bringing the dead body from the upstairs.
They also participated in bringing the dead body to the
ground floor and kept the body on a slab of ice and informed
PW.15 and others by telegram and also the police. The
police did not record his statement. The police took them
into the custody on the same day and found that they did not
commit
491
any crime.
PW.1, the Doctor, who conducted post-mortem in his
evidence stated that the deceased died due to asphyxia, as a
result of strangulation, which was ante-mortem and
sufficient to cause death in the ordinary course of nature.
The burn injuries were 95 per cent on the entire body except
on the feet and that the burn injuries were post-mortem.
The Sessions Judge disbelieved the extra judicial confession
spoken to by PW.15 and others. The Sessions court accepted
the evidence of PW.1, the doctor, and other circumstantial
evidence and found that Satish Kumar, husband of the
deceased strangulated the deceased and the deceased was
burnt to destroy the evidence. Giving the benefit of doubt
to the brother and the parents of the respondent they were
acquitted. The first respondent was found guilty of murder
and was convicted for the offence of murder under section
302 and for screening the evidence of murder, s. 201 IPC and
was sentenced to undergo rigorous imprisonment for life and
one year respectively and both the sentences were directed
to run concurrently by the judgment dated April 23, 1981.
The narrative of the facts clearly establishes that the
young beautiful lady, aged about 22 years, who had intense
and passionate love for the first respondent yearning to
have long and happy marital life was exterminated hardly one
year and five months after the marriage. As per doctor’s
evidence, she died of asphyxia, as a result of strangulation,
and that 95 per cent burn post-mortem injuries were found
over the dead body except the feet. Admittedly this was
done in the residential home of the respondent. The crucial
question whether the theory of suicide propounded by the
defence and as accepted by the High Court is true and
believable. Undoubtedly this case hinges upon
circumstantial evidence. It is trite to reiterate that in a
case founded on circumstantial evidence, the prosecution
must prove all the circumstances connecting unbroken chain
of links leading to only one inference that the accused
committed the crime. If any other reasonable hypothesis of
the innocence of the accused can be inferred from the proved
circumstances, the accused would be entitled to the benefit.
What is required is not the quantitative but qualitative,
reliable and probable circumstances to complete the chain
connecting the accused with the crime. If the conduct of
the accused in relation to the crime comes into question the
previous and subsequent conduct are also relevant facts.
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Therefore, the absence of ordinary course of conduct of the
492
accused and human probabilities of the case also would be
relevant. The court must weigh the evidence of the
cumulative effect of the circumstances and if it reaches the
conclusion that the accused committed the crime, the charge
must be held proved and the conviction and sentence would
follow.
The crucial question is whether medical evidence of the
doctor is reliable and acceptable and whether death due to
suicide is probable? Due to 95% burns PW.1, the doctor, did
not find any visible ligature marks on the neck. Eyes were
half closed. The mouth was closed. Blood stained forth was
coming from both the nostrils. Tongue was swollen and
cynosed. On dissection of neck there was infilteration of
blood in the upper part of the neck in front below chin. On
further dissection he found fracture on right cornua of
hyoid bone at the junction with its body and on opening the
larynx and pharynx, he noted blood-stained forth in their
cavities, they were ante-mortem in nature. The stomach was
empty. Peritoneum, organs of generation plora, walls, ribs
and cartilages were congested. The right side of heart was
full of dark blood and left side contained scanty blood.
Except both the feet there were burns all over the body.
There was no line of redness. There were false vesicles at
places such vesicles were containing full of air, the base
of which was yellow, dry and hard, nor red and coppery. The
burns were anti-mortem and it was 95 per cent. As stated
earlier he opined that the death was due to asphyxia by
strangulation which was sufficient to cause death in the
ordinary course of nature. He opined that deceased must
have been died on August 10, 1980 between 2.00 to 3.00 p.m.
For suggestions given to the doctor by the defence counsel
in the cross-examination that if the deceased had sprinkled
kerosene oil on her and had set fire and while in the agony
if she runs hither and thither and in that process if she
fell in such a condition that her throat comes in contact
with a protruding part of the wall resulting constriction of
the wind pipe he categorically negatived that such a fall of
the victim would cause only partial constriction and it is
not possible to cause fracture to the hyoid bone. He
further stated that the death could not be due to
suffocation. He also ruled out the possibility that the
hyoid bone is not likely to be fractured by fall against
hard surface. He also stated that the burns were post-
mortem because there were no shoot present in the trachea or
wind pipe. Thus he positively rules out the theory of
alternatives or suicide.
Let us consider whether the factual findings at the
post-mortem examination of the deceased and the evidence of
Dr. Sher Singh is sup-
493
ported by medical jurisprudence. Taylor’s Principles and
Practice of Medical Jurisprudence, Thirteenth Edition 1984
by Keith Mant, Vol, I stated at p. 282 that asphyxia being a
condition in which there is an inadequate supply of oxygen
to the tissues. It may be defined as a state a which the
body lacks oxygen because of some mechanical interference
with the process of breathing. At p. 283 it was further
stated that cyanosis indicates the blue colour of the skin,
mucous memberanes and of internal organs, notably spleen,
liver and kidneys. The capillary dilation that accompanies
a reduction in oxygen tension promotes stasis and therefore
a vicious cycle of suboxygenation of the blood commences.
The return of blood to the heart is diminished. The
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resultant impaired oxygenation leads to further capillary
dilation, further stasis, with deepening cyanosis .....
Prabably results from a combination of stasis and hypoxia.
Fluid exudes into the tissue spaces.
At p. 286 it was also stated of the distinction between
suffocation and strangulation that conditions associated
with mechanical asphyxia include suffocation were the
interference with the process of breathing is at the level
of the nose or mouth; strangulation where there is
compression of the neck, either by (a) the human hand
(manual strangulation or throttling); (b) a ligature. In
pararaph 6 he stated that in each of these categories the
obstructive process at the various level will result in the
development of the symptoms and the signs associated with
asphyxia previously described. At p.287 of general features
of asphyxia, it was stated that the head and face may show
intense congestion and cyanosis with numerous petechiae.
Blood exudes from the mouth and nose. Blood tinged frothy
fluid is present in air passages. Mucus may be found at the
back of the mouth and throat. The lungs which are of
particular interest, usually show in addition to congestion
of inter-alveolar capillaries, the presence of the oedema
fluid in the alveoli, areas of haemorrhage and collapse with
intervening emphysema...
Regarding post-mortem appearances in strangulation at
p.305 it was stated a careful search in suitable mortuary
conditions will usually reveal either external or internal
evidence of the area where the constrictions has occurred.
At p.306 the General Internal appearances, it is stated that
internally the air passages contain fine forth, often blood
stained. The lungs are congested with subpleural petechiae.
Mycroscopically there is usually intense interalveolar
congestion with haemorrhages of varying size, fluid in the
alveoli, areas of collapse and intervening area of ruptured
494
alveoli. The air passages often contain large areas of
desquamated respiratory type epithelium, red blood cells and
fluid. The remaining organs show only congestive changes.
These conditions very because of the circumstances that
the assailants usually employ considerably more force than
would appear to be necessary to ensure that death takes
place. In general terms the mark of the neck is usually of
the same width as the constricting object and the depth is
about half its diameter. Regarding finger-nail marks it was
stated that in manual strangulation the marks of burising
will be on the front or sides of the neck, chiefly about the
larynx and about it. Marks of pressure of fingers may,
however be slight. The distribution of these marks when
present will vary with the circumstances, and factors which
will affect it include the relative position of the
assailant and victim, the manner of gripping the neck, being
greater if the grip is shifted or has been reapplied if the
victim struggles, and the degree of pressure. The solid
tissues of the neck are of extreme importance in cases of
suspected strangulation. the solid structures comprise the
hyoid bone and the cartilages forming the larynx. If the
body is found to have died with marks on the neck which
indicate manual strangulation and this is subsequently
confirmed in the mortuary and laboratory the case must be
regarded as a killing by another person. It is
inconceivable that anyone could die from compression of the
neck by his own hand because loss of consciousness would
cause relaxation of the constricting fingures.
In Gradwohl’s Medicine, Second Edition in Chapter 18
under the caption Interpretation of Post-Mortem Appearances
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in Death from Respiratory Obstruction and Compression of the
Neck, at p. 336 it was stated that Systemic and pulmonary
congestion and dilatation of the heart are classically
described as signs of an asphyxial death. At p. 337
regarding hyoid bone it was stated that two mechanisms have
been suggested in which the hyoid bone may be fractured :
from direct lateral compression and from indirect violence.
Direct lateral compression is one mechanism in manual
strangulation, when pressure is applied under the angles of
the jaw.
Medical Jurisprudence by Raju & Jhala in Chapter XXV
death from asphyxia and death from drowning at p.226 stated
that the heart in asphyxia, specifically right chambers, is
always found full of dark venous blood. This is important
to note as usually with death, blood disappears
495
from the heart. The venous system of circulation, because
of back pressure, is always found distended with blood. The
blood in heart and veins is not only dark blue but also
liquid and remains liquid.... The internal organs and mucous
membrane also present the general signs of congestion.....
This congestion has to be looked for and has to be found in
all cases of genuine asphyxia.
In Medical jurisprudence and Toxicology, 13th Edn. by
Modi at p. 155 it was stated that in the case of
constriction occurring at the end of expiration the lungs
are congested, oedematous and exude bloody serum on being
cut, but are pale if constriction occurred at the end of
inspiration.... The right side of the heart, the pulmonary
artery and venae and cavae are full of dark fluid blood, and
the left side is empty. The abdominal organs are usually
congested. The brain is usually normal, it may be pale or
congested according to the mode of death. For symptoms at
p.158 it was pointed out that if the wind pipe is compressed
so suddenly as to occlude the passage of air altogether, the
individual is rendered powerless to call for assistance,
becomes insensible and dies instantly. If the windpipe is
not completely closed, the face becomes cyanosed, bleeding
occurs from the mouth, nostrils and ears, the hands are
clenched and convlusions precede death. As in hanging,
insensibility is very rapid, and death is quite painless.
Regarding appearances on the neck he stated at p.159 that if
the fingers are used (throttling) marks of pressure by the
thumb and fingers are usually found on either side of the
windpipe.... At p. 161, appearances due to asphyxia it was
stated that the face is swollen and cyanosed, and marked
with petechiae. The eyes are prominent and open. In some
cases they may be closed. The conjunctive are congested,
and the puplis are dilated. The lips are blue. Bloody foam
escapes from mouth and nostrils, and sometimes pure blood
issues from the mouth, nose and ears, especially if great
violence has been used. Regarding internal appearances he
stated that the cornua of the hyoid bone may be fractured,
also the cornua of hyoid cartilage but fracture of the
cervical vertebrae is extremely rare. The liver may show
cloudy swelling and necrosis of the cells, if death has been
delayed. The kidneys may show signs of nephritis, and on
section the straight tubules may be filled with debris of
the blood corpuscles giving the appearances of reddish-brown
markings.
Regarding the distinction between anti-mortem and post-
mortem burns, he pointed out the lines of redness, of
vasication and reparative
496
processes as distinctive features. He elaborated the same
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later. A reading of it gives the distinction and would be
concluded thus:
1. Ante-mortem burn injuries are characterised by the
presence of burnt caroon particles (soot) in the trachea
which is absent in the case of post-mortem burn injuries.
2. Carbodyhaemoglobin is present in the heartblood in
ant-mortem burning which is absent in case of post-mortem
burning.
3. Ante-mortem burns are usually red owing to the
tendency of the system of rush blood towards the injured
parts for repairs, which is distinctly different from post-
mortem burns which are hard and yellowish in colour.
4. Blisters are prominently present in ante-mortem
burns. Some blisters may appear in post-mortem burns, but
there are distinctly different from ante mortem burns, where
blisters are full of protein rich fluid that contains a
substantial amount of white cells, caused by the tendency of
the system to rush in white cells to fight against
infection. The presence of protein is so high that it
becomes solid on heating. Post-mortem blisters hardly
contain any protein in their fluid and whatever fluid is
contained has so little protein that on heating only a faint
opalescence is seen. The fluid in post-mortem blisters does
not contain any white blood cells.
5. In ante-mortem burns, reparative enzymes are present
in the vicinity of burnt areas as the reparative enzymes
would try to repair the burnt areas. Their presence could
also be used for predicting the time since the person was
burnt. Various enzymes appear at the following time:
(a) Enzyme esterase - 30 minutes. (b) Leucine
aminopeptidase - 2 hours approx. (c) Acid Phosphatase - 3
approx. (d) Alkaline Phosphatase - 6 hours. Reparative
enzymes are not detected in post-mortem burns.
6. Signs of infection in a burn injury only lead of the
conclusion that the burn injury is anti-mortem in nature as
there cannot be infection in a post-mortem burn injury, only
putrefaction. Since infection occurs roughly 36 hours
after the burn, one can easily predict the time since the
burn injuries occurred.
497
In H.W.V. Cox’s Medical jurisprudence and Toxicology by
Dr. Bernard Knight, 5th Edn. in Chapter 1 at p. 207 is was
stated that strangulation is again a term which is not exact
in itself, as there are several types of strangulation,
mainly mannual strangulation and strangulation by a
ligature. Though both these are similar, there are certain
differences which are reflected in the pathological
findings. Strangulation is not by any means the same thing
as asphyxia : in fact, a better name would be ‘pressure on
the neck’, which is used as an alternative description by
some pathologists. Regarding manual strangulation and the
length of time required to cause death at p.213 it is stated
that the length of time for which pressure on the neck must
be maintained to cause death is very variable, from zero
seconds to several minutes. The statement regarding length
of time he stated that no dogmatic statement of time of two
minutes or three minutes can be made. It is of little
practical value as unless or three minutes can be made. It
is of little practical value as unless a witness is present,
there is never any way of determining such times. If,
however, there is physical evidence of pressure on the neck
from bruises and haemorrhage, but no congestion whatsoever,
then it is certain that death was relatively rapid before
these classical signs appeared, due to reflex cardiac
arrest. Where death is due to cerebral anoxia from
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compression of carotid vessels, then there is usually
cyanosis and congestion due to simultaneous blockage of the
jugular venous system, though ignorance of time factors make
this statement of little practical value. In Taylor’s
Medical Jurisprudence it was stated at p.282 that the amount
of pulmonary oedema can be used to estimate the time
interval between injury and death. In practice it is seldom
of value as it is common experience that the changes
described can develop with great rapidity when a patient
dies after choking. At p.285, asphyxia by violence, it is
stated that if the breathing is interfered with for a
sufficient period of time unconsciousness and death will
supervene.
The contention of Sri U.R. Lalit that the palms were
not clenched and the eyes did not protrude but were half
closed, the mouth was closed and tounge was not protruding,
the duration of death of 5 to 10 minutes as opined by the
doctor and in the case of death by strangulation, the death
would be instant and that, therefore, it is not a case of
strangulation but suicide does not cast any doubt on the
cause of death. Above study of medical jurisprudence
establishes that the symptoms found at post-mortem are not
uniform but variable depending on the compression as
employed on the neck and duration. It would be an
inferential fact since direct evidence would rarely be
available. The discussion of the medical
498
jurisprudence conclusively establishes that all symptoms
found on the dead body of Shashi Bala unmistakeably show
that her death was due to pressure on the neck and the
findings at the post-mortem examination recorded by the
doctor and the evidence of Dr. Sher Singh, PW-1, are
consistent with medical jurisprudence. The duration of
death also depends on the mode of pressure employed and the
circumstances in which constriction was done. Doctor’s
evidence is clear, cogent and convincing in his findings
that the death was due to asphyxia and not due to suicide.
We place on record that Dr. Sher Singh had meticulously done
an expert and excellent autopsy with grasp of medical
jurisprudence to establish, without any shadow of doubt, of
the cause of death of Shashi Bala as asphyxia.
Realising this unsurmountable difficulty concerted
attempt was made to sling mud and cloud of doubt on the
unimpeachable evidence of Dr. Sher Singh. Who would be
benefitted by a complaint against the doctor? The
prosecution is not interested since his autopsy report is
completely in its favour. PW.15 or anybody on his behalf is
not interested to make nay allegation against PW-1. It is
the accused that would be benefitted and so a false
complaint of demand of illegal gratification was fabricated
which was rightly thrown out. The further suggestion that
some unknown Doctor along with PW-15 brought pressure on
PW.1 to give fabricated autopsy report is a desperate one.
We accept the evidence of PW.1, Dr. Sher Singh as truthful,
reliable and acceptable. From his evidence it is now
conclusively established that the death was due to
constriction (asphyxia) and that a deliberate attempt was
made to destroy the evidence of the death by pouring
kerosene on the dead body and buring the dead body
extensively of 95 per cent. We find that the High Court
committed palpable illegality in accepting the defence
version to doubt the evidence of Dr. Sher Singh. The death
was, therefore, homicide and not suicide.
The question then is who is the author of the murder?
The contention of Sri Lalit is that the respondent had no
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motive and the High Court found as a fact that the evidence
is not sufficient to establish motive. The case is based on
circumstantial evidence and motive being absent, the
prosecution failed to establish this important link in the
chain of circumstances to connect the accused. We find no
force in the contention. Undoubtedly in cases of
circumstantial evidences motive bears important
significance. Motive always locks up in the mind of the
accused and some time it is difficult to unlock. People do
not act wholly without motive. The
499
failure to discover the motive of an offence does not
signify its non-existence. The failure to prove motive is
not fatal as a mater of law. Proof of motive is never an
indispensable for conviction. When facts are clear it is
immaterial that no motive has been proved. Therefore,
absence of proof of motive does not break the link in the
chain of circumstances connecting the accused with the
crime, nor militates against the prosecution case. The
question, therefore, is whether Satish Kumar alone committed
the offence of murder of his wife? In this regard Sri Lalit
pressed into service the evidence of DW. 4, the uncle of the
respondent who stated that the Ist respondent, his brother
and father were in the shop at the relevant time and that
the respondent also stated so in his statement under section
313 C.P.C. This evidence clearly establishes that the
respondent was not at home when the occurrence had taken
place. This evidence has to be considered in the light of
th attending circusmtances and the conduct of Satish Kumar.
It is established from the evidence that the deceased and
the first respondent alone were living in the upstair’s
room. The occurrence took place in the broad day time in
their bed room. The deceased at that time was having three
months old child. What had happened to the child at the
time when the ghastly occurrence had taken place is
anybody’s guess. Normally three months child would be in
the lap of the mother unless somebody takes into his/her
laps for play. It is not the case. It would be probable
that after the murder, the child must have been taken out
and the dead body was burnt after pouring kerosene and
litting fire. Therefore, the one who committed the offence
must have removed the child later from the room. Admittedly
the day of occurrence is a Sunday and that too in the
afternoon. Therefore, the shops must have been closed.
DW-2, Post Office Superintendent, examined by the defence,
categorically admitted that the handwritting of all the four
telegrams was of the same person. Satish Kumar admitted
that he issued two telegrams including the one to PW-15 and
the two were issued by his father. Therefore, four
telegrams were issued by the Ist respondent alone. When the
wife was practically charged to death an innocent and
compassionate husband would be in a state a shock and would
not move from the bed-side of the deceased wife and others
would attend to inform the relations. It is also his case
that he phoned to the police station and informed of the
occurrence. Evidence is other way about. An attempt was
made to have the matter compromised, but failed. Thereafter
they were found to be absconding. The evidence of DW-4
(maternal uncle) that the Ist respondent was in the shop
thus gets
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falsified and his is a burgered evidence. This false plea
is a relevent circumstance which militates against his
innocence. The death took place on the bed room of the
spouse and the attempt to destroy the evidence of murder by
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burning the dead body; the unnatural conduct of Satish
Kumar, immediately after the occurrence; the false pleas of
suicide and absence from house are telling material relevant
circumstances which would complete the chain of
circumstantial evidence leading to only one conclusion that
Satish Kumar alone committed the ghastly offence of murder
of his wife, Shashi Bala.
It is true as contended by Sri Lalit that Satish Kumar
must have married the deceased as she was extremely pretty
and that the letter written by her would establish
cordiality and love between them. The deceased obviously
appears to have written that undated letter expressing her
profuse love for the husband at the beginning of their
marital life without knowing the true colours of the
husband.
It is true that the torn pieces of the letter would indicate
that she contemplated to commit suicide. Obviously it was
due to being unable to bear with the mental torture brought
upon her. She accordingly must have written but later she
must have changed her mind seeing the tender son in her arms
and not to make him to lose mother’s care and affection.
That would clearly show that she was not being treated well.
Far from being helpful this circumstance also is in favour
of the prosecution and against the husband showing that the
deceased was subjected to cruelty. The contention that the
first respondent was not the author of the crime does not
inspire us to give credence. The further contention that no
neighbour was examined by the investigation officer as they
were not prepared to falsely implicate him and it would be
viewed against the prosecution is without any substance.
The investigating officer in his evidence clearly stated
that he contacted all the neighbours but they were not
prepared to give their statements. Therefore, the
investigation officer was helpless in collecting the
evidence from the neighbours. It is not an insurance that
he was innocent. The further contention that the delay in
filing F.I.R. is fatal to the prosecution is without any
substance. Admittedly PW.15 was residing in Sasuna of
Haryana State. On receipt of the telegram he rushed to the
place and immediately on seeing the dead body he sent for
his relations. After they come to the scene the F.I.R. was
lodged on the next day. The delay in lodging F.I.R. is of
little significance. We have the evidence of PWs-15 and 9,
which of the motive was found to be shaky by the High Court
and for the reasoning given it might appear to
501
be probable. In those circumstances the animation by the
in-laws and brother-in-law to be a privy to the ghastly
murder cannot be positively concluded. Undoubtedly the
father, mother and brother might be present. They or
someone amongst them might have facilitated Satish Kumar to
screen the evidence of murder. Suspicion is not a
substitute for proof. No proof beyond doubt is forthcoming.
Under these circumstances on the facts of this case we hold
that their acquittal is right. The High Court did not
consider the evidence in proper perspective. The order of
acquittal of Satish Kumar is set aside. He is convicted for
the offence of murder of his wife Shashi Bala, punishable
under s. 302 I.P.C. and is sentenced to undergo rigorous
imprisonment for life. He is convicted under s.201 I.P.C.
and sentenced to undergo R.I. for one year and both the
sentences would run concurrently.
The judgment and order of acquittal of Satish Kumar by
the High Court in Crl. Appeal No. 281/81 is set aside
judgment and order in Crl. Appeal No. 528/81 is confirmed.
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The judgment, conviction and sentences of Satish Kumar and
acquittal of others in Sessions Case No. 159/80 and Sessions
Trial No. 85/80 dated April 23, 1981 by the Sessions Court
at Hisar is restored. The appeals are accordingly allowed
as against Satish Kumar and dismissed as against other three
respondents.
N.P.V. Appeals partly allowed.
502