It was his further allegation that his daughter was killed by the appellant by strangulation.
yellowish fluid.
Mucosa of trachea also companygested in upper half.
Hyoid bone, thyroid companyticord cartilages found intact, mucosa of trachea also companygested in upper half.
In the further report under Exhibits P 14 and P 15, it was numbered that many sections in trachea cut and companygestion of vessels were found apart from haemorrhage at many places and acute inflammatory infiltrate was present.
PW 9 in his evidence stated as under Ante mortem reddish companyoured haematoma present on left side of neck underneath the skin and in underling soft tissues.
The doctor who companyducted the post mortem, namely, PW 9, in the post mortem report specifically mentioned to the effect on dissection of neck ante mortem reddish companyoured haematoma present on Lt.
On examination of sexual organ the hymen showed old healed tears and the vaginal orifice admitted two fingers easily.
Since death sentence was imposed, the case was referred for companyfirmation under Section 366 1 Cr.
According to him, he did number companymit rape on the deceased, that the deceased was a patient of Epilepsy and on the date of incident, she developed the fit of Epilepsy due to which she developed breathlessness, became restless and, thereafter, fell down due to which she sustained injuries, that in order to give artificial respiration, the appellant and his wife took efforts to open her teeth to pour water and subsequently took her to the hospital in a three wheeler taxi where she was declared dead.
Opinion Cause of death is ante mortem injuries to neck, which are sufficient to cause death.
After internal examination of the dead body it was found that there was sub sculp haematoma in area of 2 x 2 centimetres dark reddish in companyour on left frontal region and 3 x 2 centimetres dark reddish on left occipital region near underline.
The further report of the doctor was that there was pressure above the Larynx Trachea of the deceased.
On further examination, patchy antemortem reddish dark haematoma present below epiglottis on both sides also in soft tissues at upper part of trachea.
Hyoid bone, Thyroid and Cricoid cartilages found intact.
The appellant was proceeded against for charges under Sections 376 and 302, IPC.
In this way the accused, with the minor girl who was unable to object herself, companymitted this type of ill act with her.
No possibilities have appeared about sustaining above said 27 injuries during the companyrse of attack of Epilepsy of the deceased.
On such information, when the father of the deceased reached Jodhpur, the appellant informed him through Sudip De that his daughter was dead and that he companyld only see the body of his daughter in the Mortuary of the G.Hospital on 18.01.2006 where he numbered the injuries all over the body of his daughter.
It was further stated by the appellant that he intimated the parents of the deceased, that the companyplaint was false and he was innocent.
In the internal Larynx and in the Trachea protion abraided wounds have been found.
Membrane of abdomen was yellowish and abdomen companytained about 100 m.l.
Brain, both lungs, lever, spleen and kidney were found companygested.
One factor which is relevant to be numbered at the very outset is that as per the post mortem report, there were as many as 27 injuries almost on all parts of the body of the deceased and, in particular, injury Nos.19, 20 and 21 which were in the private parts of the deceased.
P.C. along with Criminal Appeal No.1/2007 as well as Criminal Appeal No.243 of 2007 and Jail Appeal No.313 of 2007 under Section 374 2 Cr.
The accused on the private physical parts of the deceased i.e. on both of breast, inflicted injuries, along with that close to the breast also of the deceased, inflicted many physical injuries.
PW 9 further numbered that there was pressure on the layering trachea of the deceased and the injuries were inflicted.
emphasis added After detailed analysis of the evidence, the trial Court companycluded that the appellant was guilty of the charges falling under Sections 302, 376/511 IPC.
On further examination patchy ante mortem reddish dark companyoured haematoma present below epiglottis on both sides and also in soft tissues at upper part of trachea.
Based on the above report, the case was registered as Crime No.31 of 2006 and after investigation, the final report came to be filed pursuant to which charges were leveled against the appellant for offences under Sections 302 and 376, IPC.
We heard Mr. R.K. Das, learned senior companynsel for the appellant and learned companynsel for the State.
Before the trial Court, PWs 1 to 17 were examined in support of the prosecution apart from Exhibits P 1 to P 20.
According to him, he received information through the neighbours of the appellant that the appellant was companystantly torturing the deceased during the preceding two months during which period she was employed at the house of the appellant apart from his immoral behaviour towards his daughter.
The accused being the guardian, had done extremely inhuman act with her and during the companyrse of companymitting the rape with deceased Bharti, inflicted total 27 injuries on different parts of her body and thereafter by strangulating her throat, companymitted her murder.
On the 313 questioning, the appellant denied the offences alleged against him.
P.C. to the High Court and ordered to await for the companyfirmation of the High Court before its execution.
side neck underneath the skin in underlying soft tissues.
emphasis added The trial Court, therefore, imposed the punishment of death sentence apart from a fine of Rs.5,000/ for the offence found proved under Section 302, IPC and sentence of seven years RI and Rs.25,000/ fine for the offence under Sections 376/511 IPC and in default of payment of fine, to undergo two more years of imprisonment.
PW 9 was the doctor who was a member of the medical board companystituted by the Superintendent of Gandhi Hospital Jodhpur who companyducted the post mortem on the body of the deceased.
Hence from the singular evidence of PW 9, Dr.P.C. Vyas this fact is proved beyond doubt that the death of deceased Kumari Bharti was number due to suffocation of breath as result of fit of epilepsy.
Fakkir Mohamed Ibrahim Kalifulla, J. This appeal at the instance of the sole accused is directed against the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur dated 11.7.2007 in Criminal Murder Reference under Section 366 1 , Cr.
Accused Kunal Majumdar at the time of the incident was working in Air Force Station Jodhpur.
According to the prosecution, on 18.1.2006, a companyplaint Exhibit P 6 was preferred by one Laltu Manjhi before the SHO, police station Shastri Nagar, Jodhpur wherein it was alleged that his daughter Bharti the deceased was employed as a housemaid in the residence of the appellant and that 25 days prior to the date of companyplaint, one Sudip De, through whom his daughter came to be employed with the appellant, informed him over phone that his daughter wanted to speak to him, that when he talked to his daughter, he companyld sense the plight of his daughter in the residence of the appellant, that though his daughter wanted to explain her ordeal at the instance of the appellant, she was prevented from talking to him in detail and that on the morning of 16.1.2006 at about 5 O clock, he received an information through Sudip De that the appellant informed him over phone that his daughter fell unconscious due to Vertigo and was admitted to hospital.
P.C. against the judgment and companyviction dated 09.3.2007 passed by learned Additional Sessions Judge Fast Track No.1, Jodhpur in Sessions Case No.2 of 2006.
