PW 5/C .
Dr. K.C. Chopra PW 10 is specific while deposing in his examination in chief that strangulation in this case has number been found to be caused by suspending the body.
No doubt, in reply to question number 11, he denied having represented so to Kartar Chand PW 3 and as per his version, the said witness was told that deceased had strangulated herself, but there is numberreason to disbelieve the testimony of PW 3, as a matter of fact, PW 3 is an independent witness.
But numberinjuries were found on the ears of the deceased or on any part of her mouth or head.
He, even thereafter, did number report the matter immediately on his own to police.
The two other accused, namely, Prem Chand and Smt.
PW 8/A that one woman was brought to the hospital for medical treatment under suspicious circumstances.
The accused number 1 respondent herein made a plain denial of the prosecution case.
Accused number 1 at that time dipped the head of the deceased in the bucket full of water lying there.
P 8 is the same which was used by the respondent herein for drowning and strangulating his wife, Vidhya Devi.
Had Smt.
There was ligature of 1.5 cm wide or less than it at places ligature used was number presented by the police at the time of postmortem examination .
PW 10/A and report of the Chemical Examiner Ex.
The significance of the evidence of the doctor lies vis vis the injuries appearing on the body of the deceased person and likely use of the weapon therefor and it would then be the prosecutors duty and obligation to have the companyroborative evidence available on record from the other prosecution witnesses.
THORAX Walls, ribs, cartilages and pleurae were numbermal.
PW.1/A was forwarded by PW 8 vide Ex.
As per, the disclosure statement of Jai Chand, accused number 1 and Nimmo Devi accused number 3 , on the intervening night of 12th/13th July, 2001, Vidhya Devi came out of the room and went to a place where the cattle were used to be kept.
P 8 filled with water and by applying force in pressing her mouth therein.
In statement under Section 313 Cr.
Epiglottis number cyanosed Trachea and larynx were companygested and have forthy mucous.
One Smt.
PW 2/B .
As a result thereof, she felt suffocated and the water entered into her mouth as well as in stomach.
PW 10/A .
It was number with the body either.
P 7 which was taken into possession vide disclosure memo PW 5/C .
The stomach companytents including viscera etc.
Jai Chand accused number 1 was present in the hospital and he handed over dupattas Ex.
In the present case, the post mortem was companyducted by a team of doctors, namely, Dr. K.C. Chopra and K.S. Dogra.
Thereafter, accused number 1 accompanied by Kartar Singh and Deepak Kumar brought the deceased on the company to the road side.
392 of 2002.
Admittedly, it is number the case of either of the parties that the death is caused by way of poisoning, however, in order to rule out the possibility in this behalf also, the stomach companytents including viscera etc.
2 and 3.
preserved by the team of doctors got analysed and as per report Ex.
Accused number 3 caught hold of arms of the deceased whereas accused number 2 caught hold of her legs.
He made statement Ex.
PW 2/C and PW 2/D respectively.
Kidney was numbermal in size and was companygested.
On pressing, frothy whitish fluids came through bronchials.
Only 500cc of fluid mixed with mucous and small sticky material was found in the stomach.
Damodri Devi brought some milk from her house but the deceased companyld number inhale the same.
Accused number 1 then lifted her from that place and laid her on the company.
Thereafter, PW 8 handed over the file for investigation to Hari Ram PW 9 .
Organ of generation was numbermal.
The Medical Officer on duty had informed the police, Police Station at Sadar vide Rapat No.
There being the evidence of 2 3 rings of trachea fractured, trachea, larynx, spleen and kidney being companygested is also suggestive of the fact that it was number a suicidal death, but a homicidal one.
Not only this, he even identified the bucket Ex.
She has, thus companymitted suicide due to her own problems and number on account of the alleged torturing attributed to him.
Nimmo Devi accused number3 also used to taunt and abuse the deceased.
The deceased had illicit relations with my nephew Banku Ram, S o Shri Rohli Ram.
PW 10/A .
P 8 to be the same.
Platysma and right sternocloide mastoid muscle lacerated.
PW 1/A that his son in law, Jai Chand accused No.1 is a habitual drunkard and under the influence of liquor, he was in the habit of beating and treating his daughter with cruelty.
Jai Chand, accused number 1 then took her wife to the companyrtyard and laid her body on a company lying there.
PW.5/B and Ex.
This statement companypled with other circumstantial evidence leave numberdoubt that the accused number1 cannot escape himself from the companymission of offence.
Thus, the present is the case where there is numberdifficulty in holding that the bucket Ex.
PW 6/A was recorded by PHC Ramesh Chand PW 6 P.S. Sadar Hamairpur, H.P Investigation was companyducted initially by PW 8.
PW 10/A , but the same should have been out of the mouth.
Reply to question number 11 shows that accused number 1 also accepted that PW 3 met him on the spot in the early morning.
On finding numbermovement in her body, all the accused hanged the deceased with dupattas and thereafter laid the dead body of the deceased Vidhya Devi on a company.
wide in horizontal position cannot be caused by hanging but companyld have been caused by strangulation.
PW 5/A under Section 27 of the Evidence Act to the effect that he alongwith companyaccused had hanged the deceased with Barli a wooden kari placed horizontally on the walls of the room .
Both of them entered into verbal fight.
PW 10, Dr. K. C. Chopra submitted post mortem report Ex.
There was numberevidence of rape or any injury.
No injury to tough, clinching of hands present.
PW 5/D were made by accused number Jai Chand, accused number 1 also got recovered one iron bucket Ex.
In these circumstances, Vidhya Devi companymitted suicide due to mal treatment and torture by all the accused persons.
PW 1 alongwith his son, Ajit Singh PW 2 went to the hospital and found Vidhya Devi dead.
Two years ago, accused number 1, left the deceased at her parents house.
The bladder was empty.
The residents of the village were informed about the death of Vidhya Devi.
Vidhya Devi was brought to District Hospital, Hamirpur in serious companydition by accused number 1 for medical treatment.
PW 8/A to the Police Station for registration of the case.
Jai Chand, accused number 1 made the alleged disclosure statement Ex.
The probable time between injury and death had been recorded minimum.
On 13th July, 2001 at about 8.30A.M. one Kashmir Singh, resident of his Village Kot, informed PW 1 that his daughter Vidhya Devi had been brought to the hospital at Hamirpur where she expired.
P.C., accused number 1 respondent herein alleged that witnesses have falsely deposed against him being relative of the deceased and due to enmity with him.
The statement of PW 1 Ex.
I am thus innocent and implicated falsely in this case.
Vidhya Devi been killed by her husband, he would number have dare to take the dead body of the deceased to the hospital to get the medical opinion against himself.
The team of doctors after observing so, during the examination, have companye to the companyclusion that the cause of death was Asphyxia caused by drowning and strangulation.
On 13th July, 2001, Smt.
PW 1 pacified his daughter that all this happens in joint families and sent her back to matrimonial house.
No laceration of sheath of carotid artries.
On the said information, Sansar Chand PW 8 , Inspector S.H.O. accompanied by other police officials went to the hospital where he found the dead body of Vidya Devi lying in the Varanda.
3 dated 13th July, 2001 Ex.
He also ruled out the chances of dupattas Ex.
Further according to the appellant as deceased Vidhya Devi was staying with the respondent and died unnatural death, it was for Jai Chand respondent being husband to explain the circumstances under which she died.
Right and left lung were distended, pale grey, indented by the ribs, heavy cedemataous, spongy, pite on pressure.
He wrote an application Ex.
The same is quoted hereunder In our opinion deceased died due to asphyxia caused by drowning and strangulation.
ABDOMEN Walls and peritoneum were numbermal.
She was married to Jai Chand in the year 1996.
P 3 and Salwar P 6 of the deceased to PW 8 which were taken into possession vide memos Ex.
In his testimony, he deposed that on his way to school on 13th July, 2001 from his village, when he reached Village Ulehra, native place of the accused around 7.15 M., he met accused number 1 respondent and Deepak carrying the deceased on the company to the road side for carrying her to the hospital and it was the accused number 1 respondent herein who told Kartar Chand PW 3 that as she was ill, hence being taken to the hospital.
Brain was companygested and also the membrane.
It is, however, submitted that those letters were burnt by me with the idea to maintain companydial relations with the deceased and also to forget whatever as happed in the past.
In cross examination, numbersuggestion was made on behalf of the defence that they were number companypetent or that Dr. K.C. Chopra and Dr. K.S. Dogra have number expertised to perform post mortem of a body.
The chances of dupatta as ligature mark in the case were minimum, i.e. dupatta like Ex P 2 and P 3.
CRANIUM SPINAL CORD There was numberfracture of skullbone.
PW 1 had numbericed injuries on her person.
Two companytusions 3x2 cm present on the left upper arm, reddish blue in companyour.
Small Intestine was companytaining semi digested food but numberfluid are present.
In reply to question number 26, the accused number 1 stated as follows Q.26 Anything else you want to say?
First 2 3 rings of trachea fractured.
The Division Bench appreciated the medical evidence itself and held that there was numbersign of injuries suggestive of resistance on the part of the deceased to establish that the face of the deceased was forcibly thrust into iron bucket filled in with water.
No fracture dislocation of bones were found.
All the three accused were sent for trial for the office under Section 302 read with Section 34 IPC and 498 A IPC.
PW 9 companylected the post mortem repot Ex.
Ligature mark encircles the neck only on front side.
He prepared inquest reports Ex.
Nimmo Devi were acquitted.
Heart was numbermal, left side was empty and the right was full.
No encircling of the neck on the back and away from sternecleid mastoid.
The act of bringing his wife, Vidhya Devi to the hospital cannot absolve the guilt of accused number 1 respondent herein of an offence companymitted by him.Post mortem report PW 10/A prepared by Dr. K.C. Chopra PW 10 shows that there was ligature mark on the neck of the deceased.
Dr. K.C. Chopra PW 10 further stated that the post mortem report was written by Dr. K.S. Dogra PW 8 and was signed by both of them.
The opinion of the doctor is clear and definite that the ligature mark of 10cm long and 1.5 cm.
Kartar Chand PW 3 is an independent witness.
Vidya Devi since deceased was wife of Jai Chand, accused number 1 respondent herein .
PW 10/A strangulation in this case was number caused by suspending the body.
PW 2/A and Ex.
On the basis of the report, the case was companyverted from Section 306 IPC to under Section 302 IPC.
PW 9 prepared the site map Ex.
The Trial Court companysidered the version of Kartar Chand PW 3 posted as Primary Education Teacher in Government High School, Barhi, an independent witness, Post Mortem Report PW 10/A , statement of Dr. K.C. Chopra PW 10 , report and the testimony of PW 1 and PW 2 and held that the circumstances reveal that the deceased has been done away to death by the said accused and numbere elseThe circumstances appearing in the prosecution evidence are companyclusive in nature and leads to the only companyclusion that it is accused number1 who has caused the death to the deceased.
Her husband, Jai Chand, accused number 1 also followed her and asked his wife to go to bed but she did number respond thereto.
Stomach was companytaining 500 cc of fluid mixed with mucous and small sticky material.
White leathorty foam seen at both numbertrils which was more on pressing the epigastriun.
By the impugned judgment the Division Bench of the Himachal Pradesh High Court at Shimla, acquitted the accused respondent by allowing the appeal and set aside the order of companyviction under Section 302 IPC and Section 498 A IPC with sentence thereunder, passed by the Sessions Judge, Hamirpur, HP on 13th June, 2002.
preserved by the team of doctors has been got analysed and as per report Ext.
PW 8/B to the Senior Medical officer, Zonal Hospital, Hamirpur for companyducting the post mortem to the dead body of the deceased.
The High Court also failed to numberice the statement of Jai Chand, accused number 1 respondent herein , husband of the deceased under Section 313 which is self explanatory that he had been keeping a hatred attitude towards his wife due to her illicit relation with his nephew and which resulted in motive and intention to kill her during night.
P 2 ,shirt Ex.
The body of the deceased was sent for post mortem.
The recovery of an incriminating article from a place which is open and accessible to others, alone cannot vitiate such recovery under Section 27 of the Indian Evidence Act.
The companyduct of the accused number 1 was also number natural.
No abrasion brusises on the mouth, numbere, cheeks, forehead.
Dr. K.C. Chopra PW 10 also stated their opinion as to cause of death of the deceased.
Prakash Chand, brother of accused number1 who had gone to call the doctor, had brought the taxi and the deceased was thus taken to the Zonal Hospital, Hamirpur where she was declared dead.
The prosecution version as unfolded during the trial may briefly be stated as follows Smt.
Photographs Ex.
On the following morning, Jai Chand, accused number 1 told his mother that his wife had become unconscious during the night and number she is number speaking anything.
First Information Report Ex.
Accused number 1 called accused number.
The death by way of drowning and strangulation can be caused instantaneously.
The Division Bench of the High Court rejected the evidence of the prosecution witnesses for the reasons which may be summed up as below Dr. K.C. Chopra PW 10 had numberexperience as a forensic expert, therefore, his evidence cannot be read under Section 45 of the Evidence Act.
Accused number 1 throttled the deceased with hands and caused her death.
Drowning and strangulation are possible in this case while putting the face mouth of deceased in bucket Ex P 8 filled with water and with pressure being applied.
Prem Chand accused number2 and Smt.
Mouth Pharynx and oasophagus had whitish fluid.
PW 9/A depicting the place where the accused person had put the face of the deceased in the bucket filled with water and pointed the place where her body was tied with barli by accused persons.
The probable time between injury and death was immediate and between death and postmortem within 24 hours.
The spleen was dark in companyour and was companygested.
PW 10, Dr. K. C. Chopra, Medical officer, Zonal Hospital, Hamirpur, P., in his statement stated that he alongwith Dr. K.S. Dogra companyducted post mortem of the dead body of Smt.
Medical evidence, therefore, companypletely falsify the case of accused number 1 respondent herein .
P 14 of the dead body were also taken.
Larynx and trachea was companygested and companytained white fluid, numbersand or mud seen, numberfood particles present.
Roshan Lal, PW 1 , father of the deceased was standing near the dead body.
The accused number 1 has thus, misrepresented the factual position to PW 3 which shows guilty intention on his part.
PW 8/B, neither the companytents of any poison number intoxicant companyld be detected on analysis thereof.
Lips were blue.
P 9 to Ex.
To the same effect, disclosure statements Ex.
PW 8/D , it was found that the deceased had number companymitted suicide but she was killed by the accused number 1 by dipping her face into a bucket of water and strangulating her.
The hairs of the deceased was number found wet.
SUDHANSU JYOTI MUKHOPADHAYA, J. This appeal is preferred by the State of Himachal Pradesh against the judgment dated 16th November, 2004 in Criminal Appeal No.
Tongue was in drawn, plinching of teeth, on opening base of tongue swollen.
Thus, numbercase of poisoning was found.
On one occasion when I came on leave to the house, came across few love letters written by said Banku Ram to the deceased on this I inquired from her about such relations and asked her to discontinue such relations.
Dr. K.C. Chopra PW 10 found marks of injuries on the neck of the deceased but in his cross examination he stated that if the force was applied, in that event, the bucket which was used as ligature companyld touch both the ears.
On receipt of post mortem report Ex.
The companyduct of Jai Chand, accused number1 would go to show that he tried very hard to save the life of his wife by taking her to the Zonal Hospital, Hamirpur for medical treatment.
On this she went to the house of her parents and stayed there for about 3 months and when brought to my house by her parents, she used to remain depressed.
DISSECTION OF NECK On dissection, there was extra vasation of blood into sub subcutanous tissue under ligature mark on right side present.
P 2 and P 3 being the ligature used for strangulation by the deceased and to the companytrary, he specifically stated that drowning and strangulation are possible in this case by dipping the face mouth of the deceased into the bucket Ex.
When he found his wife hanging, he neither made hue and cry number called the villagers nearby.
He along with others brought down the body of the deceased.
From the aforesaid evidence, it is clear that Dr. K.C. Chopra PW 10 companyducted the post mortem and the forensic expert PW 8 companyducted the viscera test.
The viscera test was done by forensic expert PW 8 , who submitted the report.
PW 8/D , neither the companytents of any poison number any intoxicant companyld be detected on analysis thereof.
