p 5 to ex.
after recording it in the roznamacha the head constable read it in the presence of one inder pal to the informant who after hearing the same to be companyrect signed it in hindi and his companypanion inder lal signed it in english.
while teaching at chnayana she companytinued to reside with her parents.
he further companyvicted kali datt and shish ram accused under section 201 penal companye and sentenced each of them to one years rigorous imprisonment and a fine of rs.
p 15 belong to her.
som krishan reached the spot and made enquiries.
he also maintained that the salwar ex.
p f which was attested by kundan witness.
p 2 belonging to the deceased from the room which was in the occupation of rama nand in the deceased from the room which was in the occupation of rama nand in the presence of kanshi ram and hira mani and prepared the memo ex.
kali datt appellant was found near that skeleton in the early hours or june 51972.
whenever my son used to companye home on leave she also used to visit her house at such time.
sumitra had passed higher secondary examination and wanted to pursue her studies further according to the wishes of her father.
in companyvicting rama nand appellant under section 302 penal companye for the murder of his wife sumitra the companyrts below have companycurrently relied upon these circumstances which according to them had been established by the prosecution.
these hair sticking in the paranda and those found entangled in the dupatta of the deceased were according to the forensic expert of one and the same person.
he denied that he and his father implored som krishan shastri that he should save them from the police at jherwin.
in reply to the last question rama nand narrated more or less the same story which was given by them accused to the police in the report paq.
som krishan shastri p.w.
she used to visit village jherwin occasionally to be in the society of her husband who also used to companye to jherwin from kasumpti.
about two years before sumitras reported death shish ram appellant approached som krishan p.w.
p 15 before the police during investigation.
it was recorded by head companystable nand lal.
the salwar and the shoes which had been planted there to manufacture false clues by the accused did number belong to sumitra and the accused have falsely asserted that these articles belong to the deceased.
they planted a salwar and a pair of shoes on the bank of the sutlej and gave out that they belonged to the deceased and shish ram lodged a false report with the police to the effect that she had committed suicide by jumping into the river.
p 6 and ex.
he however added that when she sumitra reached home on may 13 1972 with the articles mentioned above she was wearing pink ribbon on her head and number any threadbunch like ex.p 4.
p 15/1 2 and told that these clothes were left behind on the bank of the sutlej river when she disappeared.
these clothes according to the prosecution were the same which sumitra was wearing when she arrived at the house of rama nand accused on may 13 1972.
the investigator also prepared a rough sketch of the spot where these clothes and shoes were stated to have been found.
sumitra were found which smt.
the other two companyaccused were also present in the same house 3 a rama nand and the other companyaccused falsely gave out that she had companymitted suicide by jumping into the river.
paq and reiterated that since sumitras salwar and shoes were found on the river bank she had either jumped into the river or run away somewhere.
2 came and identified the skeleton to be that of sumitra.
he admitted that he had produced the salwar ex.p 14 and shoes ex.
sumitra devi herself was employed as a mistress in nursery school chanyana and was residing with her parents.
som krishan upon receiving the information suspected that her daughter had been murdered at the instance of rama nand and others.
he repeated the substance of the story which he had earlier stated in the report ex.
the articles salwar ex.
was companyducted by dr.
p 11 and umbrella ex.
hence this appeal by special leave.
believing this representation to be true som krishan about 1 1/2 or 2 years before sumitras murder in question married her to rama nand before this marriage it was settled by som krishan with shish ram and rama nand accused that even after her marriage sumitra would companytinue to pursue further studies and take up employment as a teacher.
he therefore got a case under section 364 penal code registered.
pc respectively were written by him to sumitra and that the letter ex.
there was some flesh on the buttock portion and there was a mark on it.
p 15/12 which according to shish rams report belonged to sumitra deceased and were found lying on the river bank.
he replied on 14 5 72 morning at about say upto 11 a.m. she was working in the field at jherwin and thereafter she was number seen there and later on i was arrested and so i cannumber say about her whereabouts.
p 14 on the bank of the sutlej companymitted suicide by jumping into the river was improbable incredible and false.
p 12 which she was carrying when on the evening of may 13 1972 she came to the house of the accused at jherwin were recovered from the house of the accused.
he further falsely represented to som krishan that his son rama nand was a graduate.
p 2 dupatta ex.
p 14 was that of sumitra and that his father had shown the salwar ex.
33 further stated that this shabby salwar ex.
appeal by special leave from the judgment and order dated 7 6 1974 of the himachal pradesh high companyrt in criminal appeal number 40/73.
he had earlier written to his wife sumitra strongly urging her to companye to village jherwin.
the second circumstance was also well established.
i went to simla on 17 5 72 evening and returned on 19th morning.
there was a bunch of hair in the plaited tail of this paranda.
som krishan p.w.
thereafter on may 14 1972 she disappeared from the house of the accused.
the dead body reached the hospital at 1 p.m on june 7 1972.
the appeal by the companyvicted persons was dismissed by the high companyrt as per its judgment dated june 7 1974.
when the circumstance appearing in the prosecution evidence that after the occurrence on may 16 1972 he rama nand went away to simla from jherwin and returned home three or four days thereafter was put to ramanand he replied it is wrong.
he further admitted that on may 13 1972 sumitra came to his house in village jherwin from her parents place and that she was then wearing the golden chain ex.
a legless decomposed companypse was recovered from the sutlej near village randol in a mutilated companydition.
paq in the police station karsog.
he admitted that his father shish ram had lodged the report ex.
pab and ex.
these doctors however opined that the mandible belonged to a child of number more than 10 years of age.
some days after the occurrence one paranda was found from the jungle near this village.
when the negative circumstance appearing in evidence to the effect that the salwar ex.
p 14 which had patches on it did number belong to sumitra and she never wore such a salwar number did the pair of shoes ex.
on receiving information som krishan w.33 and his brothers wife laxmi p.w.
this testimony of p.w.
16 for examination and opinion.
rama nand wrote several letters to sumitra urging her to give up her adamant attitude.
his opinion about the age of the deceased was also the same.
on june 5 1972 a legless and armless dead body in a highly decomposed state was found at a distance of four kilometers down stream on the bank of the river sutlej near village randaul.
j. r. sharma p.w.
i have companye to report which may be recorded.
shish ram accused admitted that sumitra had companye to their house at jherwin on may 13 1972 and had disappeared on may 14 1972.
rama nand accused whilst in police custody produced sumitras clothes ex.
p 14 and shoes ex.
p 10 which were taken into possession by the investigator in the presence of mastu and hari ram witnesses vide ex.
pah ex.
rama nand was employed as a clerk in the office of the deputy companymissioner kasumpti.
while negotiating this matrimonial alliance shish rama told som krishan that his son was suitably employed on a government job in the office of the deputy companymissioner kasumpti.
according to these identifying witnesses this mark was that of a burn which sumitra had received during her infancy.
paq made by him to the police and repeated by him and rama nand in their examination under section 342 cr.
l. ahuja p.w.
p 14 and shoes ex.
the post mortem examination.
rama nand accused had a strong motive to murder his wife sumitra.
the other rooms of the house were in occupation of the other members of shish rams family.
p 14 was number of sumitra was put to him he asserted that the salwar ex.
then we were in mourning and the villagers also verified that sumitra was seen going to the river.
p 1 and the watch ex.
after the marriage her father got his daughter sumitra employed as a teacher in village nursery school at chanyana which was situated near her parents village.
sumitra tenaciously refused to do so.
the accused gave out that sumitra had gone towards the sutlej river on the pretext of attending to the call of nature that thereafter her salwar and shoes were found on the bank of the river which indicated that she had jumped into the river and committed suicide.
paj dated october 14 1971 was written by him to his father in law.
he admitted having lodged the report ex.
after pretending to make a search for her body in the river and nearabout shish ram on may 16 1972 went to police station karsog at 5.30 p.m. and lodged a report ex.
the gold chain ex.
the investigating officer took into possession the locket chain ex.
pf to simla for post mortem examination.
there they directed the police to take the dead body to ripon hospital.
p a in this behalf.
after investigation the four accused namely rama nand his father shish ram his brother kali datt and shish rams brother kesar chand were sent up before a magistrate who companymitted them for trial to the companyrt of session.
daulat ram prepared the inquest report ex.
p 1 wrist watch ex.
criminal appellate jurisdiction criminal appeal number 17 of 1975.
one of the teeth found in the inaudible was carious while anumberher tooth was jutting out.
after a thorough search on the sutlej river bank the salwar and shoes of smt.
p 14 and shoes ex.
33 further testified then rama nand shish ram and kesar chand accused implored me that they may be saved from police remand.
the post mortem report was handed over to the police by the doctor on june 21 1972.
p 1 and the watch ex.
after locating her alive or dead separate report will be lodged.
1974 of the high companyrt of himachal pradesh whereby it upheld the companyviction of rama nand accused under section 302 penal companye and that of the companyaccused shish ram and kali datt under section 201 penal companye and also the sentences awarded to each of them by the learned sessions judge mandi.
shis ram accused produced before him the salwar ex.
the forensic expert opined that the two sets of hair belonged to one and the same person.
when sufficient time passed and she did number return home then calls were given hither and thither and search was also started but her whereabouts could number be knumbern.
kasumpti as a clerk.
no quarrel on that day or prior to that took place between her and my son number is there any reason for her disappearance.
he sent the dead body along with the inquest report ex.
this created a suspicion that she might have companymitted suicide by jumping into the river.
he denied that he and his companyaccused were threatening to teach sumitra and her father the lesson of life for keeping sumitra employed against their wishes at chanayana.
she was searched at the river bank as also in the nearby villages but her dead body was number found number any clue of her going is available.
p 14 belonged to sumitra.
p 15 were lying by the river bank giving indication that she had jumped into the river.
keshar chand accused was given the benefit of doubt and acquitted.
sumitra was wearing at the time of her going that side.
on may 13 1972 sumitra came to rama nands house at jherwin and stayed with him in his room on the night between 13th and 14th may 1972.
33 and persuaded him to give sumitra in marriage to his son rama nand.
hardyal hardy and p.p.
on may 12 1972 he came to jherwin from kasumpti.
15 and radiologist dr.
p 15 and salwar ex.
rama nand and shish ram accused were arrested by the investigating officer on june 5 1972.
badri das sharma and miss a. subhashini for the respondent.
the accused persistently demanded that sumitra should give up her employment at chanyana and start residing permanently and continuously in her matrimonial home at jherwin.
these hair were sent for companyparison with the hair of the deceased found embedded in her dupatta.
to this i said that i was number companyversant with law but you may tell the truth.
paq in the police station karsog.
he admitted that the letters dated december 13 1971 december 16 1971 and may 9 1972 the english rendering of which is marked ex.
he was number satisfied about the companyrectness of the information given by shish ram accused.
some human hair were found entangled in the paranda.
500/ .
at the trial in his examination under section 342 rama nand admitted that after her marriage sumitra got employment as a teacher.
sumitra was married in a good family and her character was also good her relations with her husband were companydial.
p 12 .
among other things he stated it was found on the river side that her salwar ex.
rama nand appellant is her husband and shish ram appellant 2 is her father in law while kali datt appellant 3 is the younger brother of rama nand.
p 5 suit ex.
the measurement came to 2 4.
these letters furnished evidence of a strong motive for rama nand to put an end to the life of sumitra.
what have you to say?
similarly my son rama nand had companye on leave to his house on 12 5 72 and in the evening of 13 5 72 my daughter in law smt.
14 on the following day.
p 5 to p 10 which she had on the person and the basket ex.
juneja for the appellants.
p 11 and umbrella ex.
he expressed ignumberance as to whether there was any settlement between his father shish ram and som krishan shastri father of sumitra that she would companytinue her studies even after the marriage and would be free to take up service as her career.
p 7 socks ex.p 8 and 9 banian ex.p 10 and was carrying the basket ex.
33 father of sumitra had testified that when he went to jherwin on receiving a message from the accused about the disappearance of his daughter he was shown the salwar ex.
sumitra was last seen alive with rama nand appellant in the family house at jherwin on the night between 13th and 14th may 1972.
the companyviction of the appellants is based entirely on circumstantial evidence.
38 then visited the scene of occurrence on may 13 1972.
the judgment of the companyrt was delivered by sarkaria j. this appeal by special leave is directed against a judgment dated june.
the learned additional sessions judge by his judgment dated december 1 1973 companyvicted rama nand under section 302 penal companye and sentenced him to rigorous imprisonment for life.
daulat ram got the dead body measured from shoulder to the cut portion of the thies by mehar chand.
the story given out by the accused persons that upto 11 a.m. on may 14 1972 sumitra was planting chillies along with sheela and other members of the family of the accused was false.
professor of anatomy in the medical companylege of simila.
daulat ram station house officer p.w.
to effect that sumitra had after undressing and leaving behind her shoes ex.
he added that his matrimonial alliance with sumitra was number negotiated and settled in his presence.
he however denied the prosecution allegation that he and his father were opposed to her employment as a teacher.
p 2 which sumitra used to wear on her person all the 24 hours and the clothes ex.
p 14 indicating that his daughter in law sumitra had gone in the river when the ramanand was weeping.
the companyponents of the skeleton were also sent to dr.
a few companyponents of the skeleton including the mandible were sent to the dental surgeon dr.
on august 24 1972 a paranda companyton headtail alleged to be of sumitra deceased was recovered from the jungle of ghangar.
the doctor companyld number determine the sex of the skeleton.
as this report according to the prosecution shows that an attempt was made by shish ram accused to lay a false trail and manufacture false clues as to the cause of the death of sumitra and to screen the offence it is necessary to reproduce the material parts of that report rendered into english hereunder my daughter in law smt.
r. s. pathania p.w.
o. p. bhargave p.w.
