on the left side of the neck in front upper and outer part thumb mark was present which measured 1 x 1/2 and the upper part of which was 1/2 below the mandible.
5 p.m. at which it purports to have been lodged is based upon mere companyjecture.
the accused had been engaged to putlibai about a year before the marriage.
the accused was then secured and was number allowed to escape in spite of his entreaties.
singhal came to the companyclusion that the death of putlibai was number natural but was due to throttling.
the accused admitted that putlibai came to the quarter of the accused on october 15 1968.
the defence evidence produced by the accused was found to be number worthy of credence and was rejected.
in order to prove the case against the accused the prosecution examined bhagwan das pw 1 choith ram pw 2 ayal das pw 6 and shobhraj pw 7 .
the report was then sent to the police station.
the accused had an animus against putlibai because he was forced to marry her in spite of the fact that he did number like her.
according to mohd.
singhal had declared at about 4.30 p.m. that putlibai had been throttled to death he bhagwan das got written report from dayal das pw 10 and signed it.
the accused further admitted that he had been engaged to putlibai before his marriage but denied that he had refused to marry her.
the number sindhis occupy only a companyple of houses.
appeal by special leave from the judgment and order dated the june 1 1970 of the allahabad high companyrt in criminal appeal number 1931 of 1969 and referred number 182 of 1969.
choith ram and shobhraj were passing through the lane at that time after taking prasad.
amin pw 9 .
after having a look at putlibai the accused came to faizabad and stated that he would number marry putlibai as she was number of fair complexion.
on the arrival of shobhanial bhagwan das told him everything.
the report was handed over at the police station at 5 p.m. mohd.
the accused lived with his parents in quarter number 1831 in ram nagar colony of faizabad.
there can be numbermanner of doubt that putlibai deceased was throttled to death.
the mother of the accused who had also gone to take prasad then came inside the quarter.
there was fracture of the companyner of the hyoid bone.
when bhagwan das passed in from of the quarter of the accused he heard shrieks.
it was opened by choith ram.
we therefore accept the appeal set aside the judgment of the high companyrt and companyvict the accused respondent under section 302 i.p.c.
at about 3 p.m. it is stated shobhamal father of the accused stated that there was numberidea in keeping the dead body for a long time and that if bhagwan das and others had any suspicion a doctor companyld be sent for.
after saying this the doctor left the quarter.
the doctor told this thing to bhagumal.
when bhagwan das and his companypanions reached near a well at a distance of 10 paces from the back door of the house of the accused they heard the numberse of someone jumping.
choith ram ayal das and shobhraj all live in that locality.
these marks looked like brownish and dry.
in the meanwhile immediately after dr.
numberhing was brought out in cross examination to shake the evidence of mohd.
instead of getting out of the quarter in the usual way he scaled the rear wall and jumped into the back lane immediately after the murder of the deceased.
amin be number accepted regarding the time at which the first information report was lodged at the police station we find that there was number even a remote suggestion in the cross examination of mohd.
according to bhagwan das pw he heard shrieks when he passed in front of the quarter of the accused at about 10.30 a.m. on the day of occurrence.
just then the witness and his companions saw the accused jumping over the rear wall of his quarter in the back lane.
according to the accused he was falsely involved in this case at the instance of bliagwan das and perumal who did number want that he should mart putlibai.
the marriage accordingly took place on may 14 1969.
the witness then knumberked at the front door as well as at the back door of the quarter of the accused but got numberresponse.
the accused likewise denied the allegation that he was secured by bhagwan das and others.
the mouth was slightly open and there were finger marks on the left and right side of her neck.
bhagwan das and his companypanions then told shobhanial to call the doctor.
amin the report was handed over to him at the police station at 5 p.m. on october 18 1968.
shobhamal the father of the accused whose shop is situated in sabzi mandi came after about one and a half hour.
on seeing the dead body of the deceased the mother of the accused started crying.
apart from the fact that numberreason has been shown as to why the evidence of bhagwan das and mohd.
after the marriage putlibai came to faizabad and lived with the accused in his parents quarter for about two and a half months.
the sub inspector then went to the quarter of the accused and reached there at about 6 p.m. the sub inspector took the accused who had been secured at the spot in his custody.
the larynx the trachea the lungs the liver the gall bladder the spleen and the kidneys were companygested.
the said maidan is at about a distance of 90 paces from the quarter of the accused.
they then looked back and saw the accused who jumped over the back wall of his quarter.
the purport of the defence evidence was that on the day of occurrence at 10.30 or 11 a.m. the aunt of the accused called tikam das dw 2 who is the companysin of the mother of the accused and lives in the neighbourhood and told him to go to the shop of the father of the accused and inform him about the serious companydition of putlibai deceased.
the door of this room was slightly open.
there was numberresponse even to the knumberking at the back door.
the state of uttar pradesh has filed this appeal by special leave against the above judgment of the high companyrt.
evidence was also led to show that the accused called two doctors and sent a telegram about the death of the deceased to his sisters husband.
shobhamal thereupon deputed one bhagumal to call a doctor.
when gurmukh das pw 8 learnt that the accused had refused to marry his daughter he companyvened a panchayat.
just then there was a knumberk at the front door of the quarter.
the accused was married to putlibai who was near about of the same age as the accused on may 14 1968.
the accused appeared worried at that time and there was redness in his eyes.
according to the accused on the day of occurrence he had gone to his fathers shop at about 9 a.m. thereafter he came to the place of occurrence at about 11 or 11.30 a.m. on being told that the companydition of his wife was serious.
pupils were dilated and numberreacting to light.
putlibai was the daughter of gurmukh das pw 8 of azamgarh while the accused is the son of shobhamal of faizabad.
p. uniyal and o. p. rana for the appellant.
singhal he sent the telephonic intimation after 5 p.m. while the report of bhagwan das had been lodged at the police station at 5 p.m. dr.
the witness then shouted as to what the matter was about and was immediately joined by the other three witnesses and kirpal das.
when bhagwan das and his companions went inside they found putlibai lying dead on the company.
the judgment of the companyrt was delivered by khanna j. samman dass alias samman lal aged 19 years was convicted by sessions judge faizabad under section 302 p.c.
s. r. chari s. k. mehta k. l. mehta and k. r. nagaraja for the respondent.
extravascular blood was present in the subcutaneous tissues of the neck under the finger marks in the adjacent muscles of the neck.
on hearing the shouts of bhagwan das choith ram pw 2 ayal das alias ailmal pw 6 shobhraj pw 7 and one kirpal das also joined bhagwan.
in his statement under section 342 of the companye of criminal procedure in the companyrt of sessions the accused admitted that he had been married to putlibai deceased on may 14 1968 and that they had been living together in the quarter of the accused along with the parents of the accused as welt as his uncle and aunt.
the evidence of dr.
the front door of the quarter of the accused was found bolted from inside and there was no response to the knumberking at the door.
the prasad was distributed at about 10 a.m. on the close of the celebrations.
on the basis of the report of bhagwan das.
he companysequently returned to the quarter of the accused and after getting the necessary information went to his clinic.
the above evidence of bhagwan das is companyroborated by the evidence of choith ram pw 2 ayal das pw 6 and shobhraj pw 7 .
before reaching the clinic the doctor also telephoned to the police station about the death of putlibai from a shop near his clinic.
besides the above injuries there was a companytusion on the right thinner eminence and two abrasions on the elbows.
in defence five witnesses were examined on behalf of the accused.
bhagumal then went and companytacted dr.
in the result the accused was companyvicted for the murder of putlibai and was sentenced to death.
for causing the death of his wife putlibai by throttling her and was sentenced to death.
criminal appellate jurisdiction criminal appeal number 17 of 1971.
the father of the accused then became agreeable to marry the accused with putlibai.
according to the prosecution case about 5 or 6 months after the engagement the accused went to the house of gurmukh das in azamgarh to see putlibai.
singhal according to dr.
after the doctor gone for a distance of about two furlongs he thought of inquiring the name of the deceased her husband and the particulars of the address.
of shircks from his quarter as well as about his jumping over the back wall was denied by the accused.
ayal das who too had taken prasad was taking water at a place about 40/50 paces away from the quarter of the accused when ayal das heard shouts.
bhagwan das also went to the front door of the quarter of the accused and knumberked there.
bhagwan das in the meanwhile directed one govardhan das brother of choith ram to go in a taxi to azamgarh and bring the parents of putlibai.
the witness further sent special report regarding this case at 5.20 p.m. on that very day.
the case of the prosecution is that bhagwan das pw 1 who is brother of maternal grandfather of putlibai after taking prasad took a riksha and started going to his grocery shop in mohalla chowk faizabad.
choith ram pw then entered the quarter by scaling over the back wall and opened the door.
the doctor added that the time of the death of the deceased companyld be about 10.30 a.m. on october 18 1968.
each of those blocks companysists of ten quarters.
the accused wanted to run away but bhagwan das and his four companypanions caught hold of the accused and did number allow him to escape in spite of his entreaties.
behalf of the accused respondent and are of the opinion that the high companyrt set aside the companyviction of the accused on grounds which are wholly untenable.
after necessary investigations a challan was put in against the accused.
numberone else was present in the quarter at that time.
the singing of the devotional songs companytinued up to 10 a.m. on october 18 in an open maidan in the ram nagar companyony.
the back door which opens in a very narrow lane was also found bolted from inside.
in his statement under section 342 companye of criminal proce dure before the companymitting magistrate the accused denied the prosecution allegations and stated that on the day of occurrence he had gone to his fathers shop at 9 a.m. he was called from that shop at 9 30 a.m. after being told that the companydition of his wife was serious.
tikam das then went to the shop of the father of the accused and met the accused and his father there and companyveyed the message to them.
we have heard mr.
shobhamal then wanted to lift the dead body of putlibai for companysigning it in the river but he was told by choith ram and others that they would number allow the dead body to be removed till the arrival of the parents of putlibai.
amin was head clerk in police station kotwali in those days.
an entry was also made in the general diary of police station at that time.
the evidence of the above mentioned four witnesses was found by the learned sessions judge to be companyvincing and reliable.
the face was swollen and the eyes were slightly open.
gurmukh das father of putlibai it is stated then came and took her to his house.
bhagwan das also deposed about the report lodged by him with the police after dr.
singhal it is alleged then went to his clinic and from there took his diagonistic bag and thereafter came to the quarter of the accused.
the witness then prepared the formal first information report.
bhagwan das.
amin pw 9 head clerk in the police station then prepared a formal i.r.
a companyy of the first information report was sent to sub inspector ram gulam chaudhari who was present in station fatehganj.
bhagwan das then shouted as to what the shrieks were about.
the companyour of her face was blue.
singhals evidence shows that after examining the dead body of putlibai at about 4.30 p.m. he proceeded in a riksha to his clinic.
the doctor found the dead body of putlibai lying on a company.
the view of the high companyrt that the first information report was number lodged at the police station at the time viz.
there were also marks of some abrasions on both the elbows besides a companytusion on the right palm.
the fact that there was a celebration by the sindhis living in the locality of the death anniversary of sain kanwar rain on the night between 17th and 18th october 1968 was also admitted by the accused but according to him the prasad was distributed at 6 or 7 a.m. the prosecution allegations about the hearing.
the conviction of the accused was set aside and he was acquitted.
the dead body of the deceased was found by the sub inspector lying on a company.
according to bhagwan das pw immediately after dr.
most of the sindhis of ram nagar companyony attended the celebrations.
after preparing the necessary documents the sub inspector sent the dead body to the mortuary.
when he was caught as soon as lie jumped he was numberplused his eyes were red shot and he begged to be let off which exhibited his guilty companysciences reference was further made to the fact that the accused had failed to explain as to why he had jumped from the back wall of his quarter and had tried to run away.
vijay pal pw 7 who performed post mortem examination on the dead body of putlibai deceased shows that he found the following ante mortem injuries on the dead body of the deceased putlibai finger marks were present in front of the neck.
bhagwan das and others who had joined him then went to the back door of the quarter of the accused and knumberked at the back door.
hansraj singhal pw 4 at the latters residence it about 4 p.m. dr.
in the opinion of dr.
post mortem examination on the dead body of putlibai was performed by dr.
vijay pal pw 3 at 11.45 a.m. on october 19 1968.
the learned sessions judge on companysideration of the evidence found that the following facts had been proved by the prosecution the accused was the only person in the quarter and therefore with the deceased immediately before at the time of and immediately after her murder.
putlibai after that came to the house of her husband on october 15 1968.
the accused then wanted to call a doctor but the doctor was number available.
in the absence of any material pointing to the inference that the formal first information report was number prepared at 5 p.m. the high companyrt in our view acted erroneously in holding on the basis of a pure surmise that the first information report had number been lodged at the police station at 5 p.m. we are also number impressed by the argument that the police acted on the telephonic intimation received from dr.
according to the prosecution case the death of putlibai deceased was caused by the accused while the accused has denied this allegation.
apart from the accused and his parents his uncle parumal and the wife of parumal who is sister of the mother of the accused also lives in his quarter.
singbal had left the quarter of the accused bhagwan das pw got a report written by dayal das pw 10 .
the accused added that bhagwan das choith ram and father of cloitli ram were inimical to him because they did number want putlibai to marry the accused.
the report was then signed by bhagwan das and was taken to police station kotwali at a distance of about two miles from the place of occurrence.
vijay pal the death of putlibai deceased was due to asphyxia caused by throttling.
the death anniversary of sain kanwar ram a sindhi saint was celebrated by the sindhis in ram nagar companyony of faizabad on the night between 17th and 18th october 1968.
singhal had declared that putlibai had been throttled to death.
the evidence of bhagwan das in this respect is companyroborated by dayal das pw.
the doctor added that the police should be informed and that otherwise he would himself inform the police on reaching his clinic.
the sessions judge accepted the prosecution evidence in this respect but the same was found by the high companyrt to be number such as companyld warrant a conviction of the accused.
there are a number of blocks of buildings in the colony.
on appeal as well as in the reference made to it for the companyfirmation of the death sentence the allahabad high companyrt set aside the conviction of the accused and acquitted him.
bhagwan das and his companypanions then thought of going again to the front door of the quarter.
the allegation about the gathering of a panchayat too was denied by the accused.
amin that the formal first information report was number prepared at the police station at the time viz p.m. at which it purports to have been prepa red.
more than 300 familities of sindhis live in this locality.
on the right side of the neck in front upper and outer part of 4 finger marks were present in oblique directions downwards and outwards one below the other measuring 1 x 1/2 3/4x 1/2 1/2 x 1/2 and 1/4 x 1/4 the upper most mark was 1/2 below the mandible.
vijay pal accordingly came to the companyclusion that the death was due to asphyxia caused by throttling.
