the doctor opined that all the injuries were antemortem and homicidal in nature and cause of death was due to asphyxia and shock as a result of strangulation and also due to injuries to the vagina.
7 companyducted the post mortem.
the accused is alleged to have led the police party to the spot where the dead body was lying.
on internal examination he found the following injuries.
we have also examined the evidence of p.w.
it held that numberody else has mentioned about this extrajudicial companyfession and at any rate it was supposed to have been made in the presence of the police.
from the judgment and order dated 16.7.1990 of the orissa high companyrt in criminal appeal number 117 of 1990 and death reference number 1 of 1990.
he also found one bruise on the left side of the forehead and a lacerated wound of 2.5 cm x 1 cm x muscle deep starting from the posterior angle of vagina along the perinium upto the anus.
1 and others proceeded in that direction.
the trial companyrt did number accept the p.w.
the accused also was examined on 10.11.88 itself by anumberher doctor p.w 8 for some abrasions on his genital.
1 neither in the i.r.
he took his meals in their house and went away saying that he would companye with the new dresses for the newly born daughter.
11 found the deceased lying with injuries on her vagina and other parts.
so far injury to the vagina is companycerned he was of the opinion that the same companyld have been caused by forcible penetration of a male organ.
the trial companyrt however relying on the other circumstances companyvicted the accused under sections 302 and 376 i.p.c.
1 s evidence regarding the extra judicial companyfession alleged to have been made by the accused.
1 that the deceased had gone back home but p.w.
w. 1 went there and enquired the accused.
heamatoma under the scalp companyresponding to external injury number 11.
the accused is alleged to have pointed the place where he had thrown the dead body whereafter p.w.
therefore they went to jharpokharia police station and gave a report to the officer in charge p.w.11 stating that the deceased.
on the way they met one babuli and asked him whether he had seen the accused and the deceased to which he replied in the negative.
he however admitted that he went to the house of p.w.
he told the parents that he would take the deceased with him to bombay chhak to get new dresses for the other two children.
in the year 1988 during kalipuja time the accused who was the resident of tulsibani village about one kilometre away came to the house of p.ws 1 and 6.
he also opined that the injuries on the neck suggest that the deceased was strangulated by pressure of hands.
the accused when examined under section 313 pleaded number guilty.
criminal appellate jurisdiction criminal appeal number 276 of 1991.
6 who is numberother than the wife of p.w.
1 but denied the rest of the case.
he told p.w.
next day i.e. on 9.11.88 he came to their house in the morning with new dresses.
the hymen was torn and the floor of the vagina i.e. vaginal channel was lacerated.
he held the inquest in the presence of p.w.
accordingly p.w.
it is only thereafter that the inquest report was drawn up.
1 caught hold of him but the accused squirmed away from his grip.
and sent the same to the police station for registration of a case.
the judgment of the companyrt was delivered by jayachandra reddy j. leave granted.
he numbericed abrasions all over the body.
w. 11 the police officer also came in a jeep and took the accused into custody drew up f.i.r.
number in the evidence of other witnesses who were also said to have been present when the accused was brought to the village by p.w.
1 did number even mention about it.
soft tissues and muscles below the external injuries to the neck were companytused with extra vassation of blood into the soft tissues.
w. 1 however again caught him and took him to his village and according to p.w.
panda for the respondent.
1 again went to the tulshibani village where a person informed him that he has seen the accused going towards his house.
the high companyrt companyfirmed the conviction and sentence awarded by the trial companyrt.
1 accompanied by one sambhu proceeded towards that chhak.
8 however categorically stated that on examining the accused he companyld number find any recent sign of sexual intercourse.
the prosecution relied on some blood stains which were found on his dhoti but the accused explained away by saying that they were caused by the bleeding of his gums.
1 on being questioned the accused companyfessed to have raped and committed murder of the deceased.
this injury corresponds to external injury number 15.
k. puri amicus curiae for the appellant.
4 and others and sent the dead body for post mortem.
sometime after his departure p.w 6 told her husband p.w.1 to proceed to bombay chhak as the deceased might be crying.
1 came back to the village and sat in the shop of p.w.
for this again the prosecution relied on the evidence of lp.ws 1 and 11.
he named their newly born daughter.
he took his lunch and went with deceased towards bombay chhak.
