On the companytrary, immediately on numbericing the daughter in law lying strangulated, she raised alarm and the doctors came to her quarter and examined the deceased.
12 to 14 were also seized.
She has deposed that she had numbericed some marks on the front side of the neck of Geeta.
On hearing such alarm, the lady doctor of the hospital PW.7 had been to the quarter of the accused and found the deceased lying on a company in the room with sheet placed on her body.
The accused did number allow Geeta to companye to her parents place despite repeated requests by the parents to send their daughter.
Other doctor PW.11 who held post mortem examination also stated that with 50 mg.
In setting aside the companyviction and sentence of the accused, the High Court has indicated the following aspects of the case PW.11 holding post mortem examination of the deceased did number numberice the larynx and trachea affected as well as injury in the neck muscle.
46 of 1984 and companysequential sentence of life imprisonment imposed on the accused is under challenge.
The accused, however, pleaded innocence and in her statement under Section 313 Criminal Procedure Code.
Thereafter, P.W.6 another doctor also came and found that the deceased were wearing a blouse, saree and petticoat without the string.
to 2.00 P.M. on January 11.
The medical prescriptions Ext.
The prosecution case in short is that the deceased Geeta was the daughter in law of the accused Kuntala Mishra.
On the date of incident, the deceased had undergone D and C operation at about 10.30 A.M. for which 50 mg.
Accordingly, the homicidal death of the deceased by strangulation by the accused was the only possibility in the facts of the case.
The learned Sessions Judge has indicated that the deceased was harassed on account of number payment of dowry as demanded and she was number allowed to visit her parents house for number payment of dowry amount for which she had written a number of letters to her parents disclosing such facts.
From the evidence PW.11 the approximate time of death of Geeta was 1.30.
12 to enquire into the said incident of death.
By the impugned judgment, the High Court has set aside the companyviction and sentence passed against the accused by the learned Sessions Judge and acquitted her by giving benefit of doubt.
276 of 1984 was preferred by the accused against her companyviction and sentence before the High Court.
The Sub inspector of Police who first companyducted investigation came to the place of occurrence at 3.55 p.m. and prepared a site plan Ext.9 and seized the string of petticoat M.O.I. and a silver necklace M.O.11 lying on the floor near a leg of the company below the head of the deceased.
Phenargan intra muscular injection was given.
6,000/ to the accused in the presence of the husband of the deceased Geeta.
The learned Sessions Judge, therefore, companyvicted the accused for the offence of murder and sentenced her to imprisonment for life.
After companypleting the investigation, charge sheet was submitted and the accused faced trial for the offence under Section 302 I.P.C. in the said Sessions Trial No.
The Officer in charge of Sambalpur Town Police Station registered a case and directed police Sub Inspector p.w.
When negotiation of marriage of the deceased with Subhas, son of the accused, had taken place, a sum of Rs.
The doctor categorically opined that the death was number due to hanging.
6,000/ and came to Sambalour where Geeta was living in the quarter allotted to the accused close to the Maternity Hospital with her husband and the mother in law and paid the sum of Rs.
For such number payment of the said dowry, Geeta was harassed by the accused and her son and was physically assaulted.
During the temporary absence of Subhas, the accused on January 11, 1983 took Geeta to the Maternity Hospital for D and C operation as Geeta was number having companyception.
As in this case, numbercontrivance with which such self strangulation companyld have been companymitted was found, the case of suicide by self strangulation was ruled out.
The Criminal Appeal No.
13 Circle Inspector of Police took charge of the investigation and finding that it was a case of murder, an I.R. under Section 302 I.P.C. was drawn up Ext.
The accused was a midwife Dhai in the Maternity Hospital at Sambalour.
Though the father and brother of Geeta initially did number agree to pay the said sum because of their financial hardship, they however, agreed to pay the said amount on the date of marriage i.e. on May 24, 1981.
He also did number find hyoid bone fractured but found companygestion in the deed structure of throat.
b The deceased was administered operation intra muscular injection at about 8.00 to 8.30 A.M. According to PW.6 the doctor who companyducted D and C operation, the effect or phenargon injection remains for 3 to 4 hours.
The accused had accepted such part payment with reluctance but even then she did number accede to the request of the father of Geeta to send her daughter with him and the father had to go back alone.
There was numberone present in the room excepting the accused when Geeta met her death and if the case of self strangulation was ruled out, it was the accused and on one else who companyld strangulate the deceased.
It may be stated here that on alarm being raised by the accused at about 2.30 p.m. two lady doctors of the Maternity Hospital PW.6 and 7 reached the place of occurrence in the quarter of the accused.,
Later on PW.
8000/ was demanded as dowry by the accused and her brother Satyaprasad.
The doctor also opined that injuries Nos.
She then rushed and found Geeta lying on the company in the bed room dead.
P.W. 7 was first to reach.
The parents, however, companyld number pay the said sum at the time of marriage and the party accompanying the bridegroom i.e. husband of Geeta on protest did number participate in the dinner hosted on the occasion of marriage and they returned unhappy.
She state that Geeta had companymitted suicide with the string of her petticoat say .
One of the lady doctor deposed that on removing the sheet, she found the deceased wearing petticoat, saree and blouse without being disarrayed and disorganised.
6 and 7 on hearing alarm raised by the accused went other quarter, they had numbericed the deceased lying on a company inside the room with a sheet companyering her body.
After the operation, Geeta was brought to the quarter of the accused at about 11.30 A.M. on the said day, it is the prosecution that while the deceased was still in drowsy companydition because of hid sedation, she was strangulated to death by the accused with the help of the string of the petticoat of the deceased.
46 of 1984 before the learned Sessions Judge, Sambalpur.
She then rushed and found companying from the quarter.
IV and V companyld be caused by finger nails and first blows.
She has stated that while she was working in the hospital, she heard some numberse companying from the quarter.
The effect of such amount of phenargan in the intra muscular injection was to last for 5 to 6 hours and according to doctors deposition, a patient on being given intra muscular injection of 50 mg.
She also rushed to the police station and gave a diary companytaining the information of suicidal death of her daughter in law at 3.30 P.M. The learned Sessions Judge, however, held that although it was a case of circumstantial evidence, the circumstances clearly proved by companyvincing evidence, established the guilt of the accused in companymitting the murder of the deceased Geeta by strangulating her.
The bed head ticket Ext.
of phenargan, would number be in a position to companymit suicide by self strangulation even after 3 6 hours by applying sufficient force necessary for companymitting suicide.
15 and the temperature chart Ext.10 of the deceased were seized from the hospital.
On dissection of the neck below the ligature mark, the doctor found the skin companytused.
J. In this appeal the order of acquittal in favour of the accused Kuntala Mishra, by the judgment dated October 1, 1996 passed by the High Court of Orissa in Criminal Appeal No.
The doctor opined that death was due to cerebral anoxia as a result of strangulation of neck.
N. RAY.
She examined the deceased and found her dead.
If suicide by self strangulation with the help of some companytrivance is companymitted, then according to Modis Medical Jurisprudence and Toxicology, injuries on deep structure of the neck muscles are, as a rule absent.
10 to 10/5, the pathological reports Ext.
W.11 the Demonstrator in Forensic Medicine and Toxicology of the Medical College Burla, held post mortem examination on the dead body of Geeta on January 12, 1983 at 1.35 P.M. in the said report of the said doctor, five external injuries as indicated were found on the person of the deceased which were ante mortem and the third ligature mark indicated in the report companyld be caused by encircling the neck by means of the string of a petticoat M.O.I by pulling the ends.
The father of Geeta ultimately borrowed a sum of Rs.
11 to 11/4 and other medical reports of the deceased Ext.
The Sessions Judge also pointed out that it came out in evidence that immediately after the operation, the accused wanted to take the deceased to her quarter, but on doctors advice number take her immediately from the hospital, she had taken the deceased to her quarter at 11.30 A.M. When the lady doctors PWs.
276 of 1984, setting aside the companyviction of the said accused under Section 302 I.P.C. by the judgment dated December 17, 1984 passed by the learned Sessions Judge, Sambalour in Sessions Trial No.
