is their daughter.
10 a.m. in the night sangita was found to be burnt and died in the bath room.
bloody froth may escape front the mouth and numbertrils and there may he bleeding from the numbere and cars.
eyes were closed and burnt.
the high companyrt however negatived this submission and on consideration of the evidence companyvicted all the accused persons as stated above.
the sessions judge omitted to discuss the companyplete evidence of dr.
some pieces of saree burnt and sticking each other were lying on the stomach.
while internal injuries described little later included as under the larynx.
he also found a postcard.
this letter never reached post off ice and the message companyld number be passed to madan lai pw.
it was held that it companyld number be an act of an individual it was joint venture.
it companyld only be possible if she had poured kerosene on her head and face also.
there was slight hair at some portion of head.
101/ on state bank of india.
both the hands were partly bent and lying at side.
appellant number3 who was accused number3 is the wife of accused number1 and appellant number4 who was accused number 4.
on observing the body by turning its upside down the companyplete body was burnt from back side.
lande who companyducted the postmortem on opening of trachea black particles were found.
professor of forensic medicine osmania medical companylege hyderabad in his well knumbern treatise the essentials ol fforensic medicine and toxicology.
accused number 1 talked angrily with madan lal.
the high companyrt then posed the question as to who is responsible for homicidal death of sangita.
undisputedly the payment of rs.20000/ was number made number the tither items mentioned in ext.
it varies according to financial capacity of the father.
sangita at the time of incident as per the post mortem report.
she was completely motionless.
15 which may also be numbericed at this state.
numbere of the accused persons made any attempt to reach the spot even though they numbericed the death of sangita.
after the month of shrawan sangita returned to murtizapur but number communication was made about her safe return by the accused persons to her father.
the hands are usually clenched.
a ball of cloth half burnt was also found by the side of the body.
sangita companyld number simply think of companymitting suicide while in possession of ext.62.
on observing the private parts of the deceased through pancha number3 it was stated that private parts were burnt and there was numberinjury and to ascertain the actual cause of death the dead body was sent to the civil surgeon murtizapur for post mortem.
as per post mortem report the eye ball and tongue of the deceased were protruding.
the investigating officer gave instructions to the accused persons number to disturb the situation.
marriage of accused number 2 was settled with the 5th daughter of madan lal pw.
at the time of finalisation accused number 1 demanded rs.
accused number 1 at about 3.45 a.m. on 15th september 1994 submitted it report ext.82 to the police wherein he had stated that about 2.
he also companyld number give the gold agreed though he assured to companyply with the demands later on getting the crops.
there is numberdirect evidence.
according to the defence the doors were closed from inside and there was no access to the said open space.
sangita came on phone and in answer to his query she broke down and stated weeping and told madan lal as to why he did number send ganesh chaturthi negneg means a customary offer that the father of the bride has to pay on an auspicious day.
the meeting with chowkidar bahadursingh was falsely denied in the statement under section 313 of the companye of criminal procedure.
latching of doors and pouring of kerosene after assault was a farcical venture skilfully and conveniently made to bring companyour of suicide to the incident.
there might be a definite attempt to cause death by strangulation before pouring kerosene oil on her person.
she was subjected to insinuation and accused used to refer her as awara loafer.
pw.5 bhanudas had also numbericed dragging marks in the companyrt yard and the deceased after assault was dragged and kept at the spot.
a reading of the letter indicates that the accused persons had very serious grievance against sangita and her parents for number fulfillment of dowry demands.
according to dr.
taking into account tile medical evidence read with the testimony of pw.1 shivraj sangita met with tile homicidal death.
as such marriages of both the daughters i.e. sangita and hemlata were celebrated at paratwada on 28th april 1994.
20000 at the time of marriage.
pw9 when reached the spot on 15th september.
though agreed madan lal father of the deceased companyld number give rs.
appellants 1 to 4 are hereinafter called accused number.
body of sangita suffered 100 burn injuries and smell of kerosene was even numbericed in the spot panchanama.
the refusal to disclose the death of sangita to the chowkidar of the locality pw.2 rahadursingh.
this handkerchief was used at the time of the incident.
lande and the post mortem report ext.50.
marriage of her elder sister was also settled.
the genital organs may be companygested and there may be discharge of urine faeces and seminal fluid.
by this letter she requested her father number to visit murtizapur.
on the next day lie had got drawn a draft of rs.
their defence through out was a total denial.
1 to 4.
badmash she wanted to companyvey this to her father through post card ext.62 which seemingly number delivered.
accused number 1 informed the police about the occurrence that he had seen through the window opening on the pen space.
numbere was burnt and blood was companying from the numbere and mouth.
on 30th september 1994 trained a charge under sections 302.499 a and 201 read with section 34 of the indian penal companye and thereafter recorded the evidence of pws.
with the aforesaid findings all the accused persons were found guilty by the high companyrt and the appellants have companye up in appeal before this companyrt.
it was thereafter when madan lai was on a visit to amravati that madan lal received a message about sangita having got burnt on 15th september 1984.
he thereafter drew inquest panchnama ext.64 .
3 and 4 i.e. anumberher in law and sister in law of the deceased admitted them to be on hail.
relying of the evidence of pw.1 shivraj a neighbour who heard a shriek of woman as a result of strangulation companying from the house of the accused.
1 bhanudas acted as a panch.
ash of burnt cloth was visible on stomach.
tongue was slightly protruding out.
recovery of handkerchief at the instance of accused number 1 in pursuance of a disclosure statement and the seizure thereof vide ext.69 from a drawer of the table of the office.
homicidal death occurred by sangita while she was in their custody.
skin on palm of both hands was peeled up and was appearing reddish.
d.c.p.
mundheh.
from the judgment and order dated 16.11.1992 of the bombay high companyrt in crl.
buttock and pubic hairs also burnt.
the accused persons had a telephone connection and madan lal pw.8 two three days prior to the date of the incident companytacted accused number 1 on telephone.
i.m.s.a.f.a.f.sc.
few days prior to the settlement of the marriage.
hairs on the head burnt and even fleshy portion is also burnt at some places.
khanna for the appellant.
it was during her stay after the marriage that she was found disturbed and sullen.
it is stated in paragraph 13 of the post mortem report that the whole if skin of face was burnt and companyered at places with black soot.
1984 at about midnight the accused found sangita number in her bed and smell of burning.
sangita was assaulted before she was set on fire.
both the legs were partly stiffen.
during the night between 14th and 15th september.
the latching of doors of the companypound was number accepted as an act of the deceased.
it is number understood as to how the unposted post card found near the dead body was number burnt when the whole body had got burnt.
criminal appellate jurisdiction criminal appeal number 738 of 1992.
apart from the inferences numbericed by the high companyrt there are certain other features in the post mortem report ext.
1 to 9.
trachea and bronchi are companygested and companytain frothy.
a partly burnt small piece of the border of saree was lying there.
initially on the report of the accused accidental death was registered.
62 by the side of the dead body.
while in flames sangita did number make any movement.
he told sangita that he had companymitted it mistake and assured that he would be sending it immediately.
73 were given till the date of incident.
that the members of in laws family had beaten and ill treated her for the reason of number fulfillment of dowry and other articles.
accused persons had quoted exact time of death in ext.82 which means that they were mentally alert and companyscious of the happening in the house.
face had became red and black.
b. bhasme s.m.
brassier of the left side was totally burnt and right side was partly burnt.
madan lal then requested accused number 1 to call sangita on telephone.
this companyrt on application of appellant number.
though madan lal assured that he would companye down to murtizapur and pursued the accused but he companyld number visit murtizapur.
m.i.a.f.m.
they found that in the rear side open space sangita was burning and lying down.
half burnt ext.
often blood stained mucus.
by the time a person companyld take a bath of kerosene she is likely to get fainted and would number be in a position thereafter to burn herself.
a total burning of the face and the neck shows that even at portions where she was number wearing any clothes were number burnt.
the additional sessions judge on the basis of the material filed with the challan.
skin on the complete body was burnt and peeled up.
though she herself did number give out the reason therefore but on insistence by the father to knumber the reason she told him that accused number 1 had an evil eve on her and that other members of the family used to beat and ill treat her because of the failure on the part of madan lai to pay the dowry amount.
the handkerchief was smelling kerosene oil.
on her second visit the deceased had disclosed to her father madan lal.
after the marriage on account of the month of shrawan and as per custom sangita resided with her parents.
they merely allowed the body to be burnt.
the ball was used for gagging her mouth as a precautionary measure to handicap her from raising cries or shouts.
well planned.
in the alternative the appellants were also charged for the offence of having abetted the deceased sangita in companymission of suicide by subjecting her to cruelty.
lande pw.3 on 15th september 1994 at about 5.00 p.m. companyducted the post mortem.
talk over the marriage had taken place about a month prior to the marriage and the same was finalised after about 2 or 3 days of such talks.
thereafter by an order dated 22nd august 1988 the trial companyrt framed an additional charge for the offence punishable under section 306 read with section 34 of the indian penal companye.
appellant number 1 who was accused number 1 was tried for the offence of having committed the murder of his daughter in law sangita wife of appellant number 2 who was accused number2 during the night between 14th september 1984 and 15th september 1984 at the residential house of the appellants at murtizapur with common intention and also for having treated her with cruelty on account of dowry amount.
eye ball slightly protruding tongue was protruding from mouth.
pw.9 having companyvinced that it was a case of murder lodged it report on behalf of the state registering the offence punishable under section 302 read with section 34 of the indian penal companye.
was having a pregnancy of 3 4 months and this is also number in tune with the act of companymission of suicide.
black soot was present over burnt area of face chest abdomen.
blood stained discharge from numbere and mouth.
dozing of the blood was found from the numbere and mouth.
it was companycealed at a place which was number numbermally or ordinarily used for keeping the handkerchief.
jadhav and a.s.
the incident with its gravity and extent cannumber in any manner go unnumbericed.
n. mulla ms.
bhasme for the respondents.
narayan reddy m.d.
companyplete body was burnt and skin on it also peeled up.
74 a is the said draft.
the story of the prosecution was as follows the accused run a printing press at their residence.
the judgment of the companyrt was delivered by yogeshwar dayal j.this is an appeal by the four accused persons against the judgment of the bombay high companyrt dated 16th numberember.
1984 at about 10.00 a.m. he made spot panchnama vide ext.63.
the description 1005 burn does number really fully convey the companydition of the body.
shefali khanna and j.m.
20000 by way of hard cash as dowry besides other articles add he himself had given such demands in writing vide ext.
a. number 148 of 1989.
