Bucal cavity, teeth gongue Upper left central incisor partly broken and right central incisor totally broken within bleeding from gums.
E Left Lung with petechiae and exuding dark blood on section.
Stomach companytents were numbered as empty.
Neck Stretched and clongated in fresh bodies.
The report is signed dated 25.08.2005.
B Pleura.
Ligature mark Oblique, number continuous placed high up in the neck between the chin and the larynx, the base of the groove or furrow being hard, yellow and parchment link.
And these are marks of violence and thus cannot be numbericed in case of hanging and suicidal death.
1 to 4 are probable at one time.
Accused number.
All the accused by their joint act one by pressing her neck, one by catching hold of her hand, another by catching hold of her leg and one by pressing her leg killed her.
G Heart with weight Left side companytained little blood, Right side of the heart companytained full of dark fluid blood.
He agrees with the proposition given by Modis Medical Jurisprudence, 22nd edition at page number333 Bruises or companytrusion injuries which are caused by companypression.
Secondary to acute asphyxia secondary to throttling.
Scratches, abrasions and bruises on the face, neck and other parts of the body Usually number present.
Cricoid cartilage crushed on both sides.
The spot of incident was one of the rooms situated in the house of the accused.
DEPOSITION OF P.W.1 THE DOCTOR WHO CARRIED OUT THE POST MORTEM PW.1 is Dr. I.C. Kolle aged 32 years.
Under paragraph 20 which deals with injuries to the Thorax region, the following injuries have been numbered A Walls, ribs, cartilages a b are numbered as numbermal.
He denies that he has prepared on 25.08.2005.
Both he and Dr. Syed have signed it.
He denies that when deceased was brought she was alive.
There is medical evidence to prove violence by killing her by throttling by pressing her neck.
In these cases, some companytrivancem is always made to keep the ligature tight after insensibility supervenes.
Pale pressure mark present over both legs ante companylaterally over ankle region about 7 cm x 1 cm.
They insisted her to bring this from her parents and assaulted her.
Paragraph 7 and 8 of the PW1 deposition Injury number 3 numbered in para number 17 occurred to both legs are probable by caught hold of both the legs with pressure of hand.
Both sternomastoid muscle crushed and severe haemorrhage present beneath it.
C Larynx, trachea and bronchi Subcutaneous tissue over both lateral aspect of both side swollen and subcutaneous haemorrhage present.
It was found that PW 1 was an eminent doctor and in the last five years, he had done many post mortems and he was treated as an expert man.
Rigor Mortis was stated to develop 3 hour after death and companypletes within 12 hours.
While doing post mortem he deposed he has number numbericed any of the above symptoms on the dead body and it is number numbered in the post mortem as it is number seen.
OPINION AS TO THE CAUSE It is stated that Dr. I.C. Kolle and Dr. A.I. Syed have done the post mortem on 10.03.2005.
According to him Police Commissioner immediately demanded provisional death certificate.
He also agrees with the following proposition from the work Modis Medical Jurisprudence at page 270 Saliva Dribbling out of the mouth down on the chin and chest.
He issued Exh.
He denies that he issued the post mortem report on 25.08.2005.
The spot panchnama was effected on the very day of incident i.e. on 10.3.2005.
1 to 4 are probable at once, if one person caught hold the legs by pressing with his hands of that deceased, one person if press the mouth by his hand and another person press the neck by his hand and all these persons acted so at one time, to deceased, injury number.
Under the opinion as to the probable cause of death, it is written Acute Cardio respiratory arrest.
He prepared the numbere.
Dr. Syed was with him as companyleague and he also signed on the post mortem numbere.
There was a valid explanation which was the number availability of one of the doctors.
He denies that he was companyfused and the exact time of the death was number mentioned.
He numbericed 4 injuries on the dead body and those were numbered as surface wounds and the injuries are at paragraph No.17 of the post mortem numbere.
All the accused were residing in the same house.
The claim that it was a suicide by the deceased, was rejected.
Thereafter, the trial Court also relied upon the spot panchnama.
Within two months, numberody from the accused came to receive her.
He also agrees with the following statement companytained in Modi on Medical Jurisprudence 22nd Edition Suicidal strangulation is number very companymon, though sometimes cases are met with.
On 10.03.2005, he received information by phone that deceased was serious and admitted to a hospital at Naldurg.
Investigation was done.
This caused frustration, and finally, led the deceased to take the extreme step.
5,000/ for business of bakery.
Next, he would companytend that the incident took place and the post mortem was companyducted allegedly on 10.03.2005.
These injuries occurred due to throttling by pressing neck by fingers and palm.
As regards motive, the trial companyrt relied on the evidence of PW 3 that all the accused were insisting on the deceased to bring half tola gold which remained to be provided by the time of marriage besides one choice dress and Rs.5000/ for Bakery business.
He definitely opines that in the given case, the death occurred due to throttling by external violence and it is homicidal death.
Three months prior to the incident, the deceased disclosed to the companyplainant and his wife that all the accused were maltreating the deceased by insisting her to bring half tola gold, dress and Rs.
She was threatened with murder if the demand was number fulfilled.
He would point out that as regards the discrepancy in the date of preparation of the post mortem report, questions have been put in the examination of P.W.1 doctor and answers elicited.
He agrees with the said proposition.
THE FINDINGS OF THE TRIAL COURT The trial companyrt has accepted that the following circumstances stood proved against the appellant and other accused Motive Custodial death of the deceased Non disclosure of death by the appellant to the companyplainant father of the deceased False evidence of accused of hanging Inquest panchnama Spot panchnama.
It is in the hand writing of Dr. Syed.
Per companytra, the learned companynsel for the State supported the judgment passed by the High Court.
2 to 4 were his parents and his brother.
He further deposed that these are surface injuries and ante mortem injuries.
Rejecting the companytentions of the appellant and other accused, the Trial Court companyvicted them.
THE POST MORTEM REPORT The injuries numbered in paragraph 17 of the Post Mortem report are as follows Bruising and ecchymosis present on both sides on neck from center to laterally on both sides of neck about 7 cm x 1 cm.
The accused maintained the deceased properly for the period of first eight months.
these injuries numbered in PM numbere are only probably by pressing the neck by using fingers and palm.
As the demands made by the accused were number fulfilled, in furtherance of companymon intention, the appellants wife was killed.
Thyroid cartilage crushed laterally on both sides more on left side.
2 to 4 stand acquitted of all the offences.
The post mortem is stated to have begun at 3.30 p.m. on 10.3.2005 and ended at 4.45 p.m. on 10.3.2005.
One rope of nylon was seized.
So, deceased decided to stay with her father for two months.
He further denies that when the body of deceased was brought, it had elongated neck.
In the last page it is stated, forwarded to the police custody and the date is shown as 10.03.2005.
He further pointed out that the provisional report was given on the date of the post mortem, i.e., on 10.03.2005.
Charge sheet was filed.
This is done by twisting a companyd several times round the neck and then tying a knot, which is usually single and in front or at the side or back of the neck, by twisting a companyd tightly by means of a stick, stone or some other solid material, or by tightening the ends of a companyd by tying them to the hands or feet or to a peg in a wall or to the leg of bed.
Injuries 1 and 2 numbered in paragraph 17 are companyresponding to the internal injury of Larynx, trachea and bronchi numbered in paragraph 20 are only probable by pressing the neck by using fingers and palm.
He numbericed eyes semi open, tongue within mouth which has been numbered at paragraph 13 of the post mortem numbere.
On appeal filed by the appellant and the other accused, accused number.
Multiple small clots of blood seen around the laryangeal cartilages.
Injury to the muscles of the neck Rare.
In cross examination he would state as follows The dead body of the deceased was brought at about 7 to 7.30 a.m. After checking the deceased was declared dead and information was given to the police.
The evidence of the Doctor, supported the case of murder.
Thereafter, he numbered the injuries which we have already extracted.
The deceased disclosed about the maltreatment to his sister.
Contusion of upper lip 3 cm x 2 cm.
The appellant reiterated his demand and repeated his threat to kill deceased if the demands were number met after eight days of her return to his house.
We have heard Shri D. N. Goburdhan, learned companynsel for the appellant who appeared before us and also learned companynsel for the State.
Injury number.
He states that the above features can be numbericed in a case of hanging and he agrees with the same proposition.
Charges were framed, as already mentioned.
The deposition of PW 4 is numbered, namely, thereafter after 8 days Javed accused came to my house at Solapur.
The companyplaint activised the Police.
The trial companyrt also placed reliance on PW 4, the aunt of the deceased in this regard.
In such cases, injuries to the deep structures of the neck and marks of violence on other parts of the body are, as a rule, absent.
It was found that the deceased had been throttled.
They did number provide food to her and maltreated her.
He goes on to depose that injury No.2 and 3 in companyumn 20 of the post mortem are only to be numbericed in case of homicidal death.
It is stated to be done by P.W.1 medical officer and by one another, namely, Dr. A.I. Syed.
He has number preserved the viscera.
The date is shown as 25.8.2005 on the post mortem numbere.
The post mortem numbere indicates time of receipt of the body as 3.15 p.m. on 10.3.2005.
On 10.03.2005 he received the dead body of the deceased in this case from the police station.
However, the report is prepared allegedly only on 25.08.2005.
It is in his handwriting and signed by him.
He states that he has carried out nearly 32 post mortems during his service period.
Originally, the appellant was accused number1 before the Trial Court.
23 provisional death certificate immediately to the police.
M. JOSEPH, J. The appellant, calls in question, his companyviction under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as the IPC, for short by the High Court.
Abrasion crescentric present on left side extending from center to lateral about 5 cm long.
He started doing post mortem at about 3.30 p.m. and companypleted by about 4.45 p.m The inquest panchnama was given to him by the companycerned police station.
He says according to him in suicidal death there are numbermarks of violence and in homicidal death there are marks of violence.
