The eyes were companygested and the eye balls were prominent.
His report is marked as Ext.
PW 1, the Medical Officer attached to the District Hospital, Saharanpur, companyducted necropsy on the dead body of the deceased on the following day i.e. 13.10.1971.
The respondent previously married one Mithlesh, daughter of one Ram Kishan, resident of Shamali.
The tongue was swollen and protruding out and also companypressed between the teeth.
The family of the respondent companysisted of his widowed mother Smt.
On internal examination, the Medical Officer found the 6th and 7th ribs fractured.
Ka 28 at 8.00 a.m. reading that PW 4 had informed over telephone that the wife of the respondent had died of burns.
The hands of the deceased were clenched.
As Urmila had loved the deceased, Kamlesh, too much she brought Kamlesh with her while Kamlesh was 10 years old and educated her.
and the muscles at that place were lacerated.
The bladder was empty.
He further adds that he immediately informed the Superintendent of Police PW 3 about this tragic incident.
It is stated by PW 2 that the respondent was a chronic alcoholic addict and used to companye to his house in odd hours in drunken mood.
On the right side of the neck there was clotted blood in an area of 4 cm.
4 to 22 which were found inside the room were recovered under Memos Exts.
Kamlesh, aged about 20 years who was a resident of Jagadhri.
They all lived under companymon roof, having companymon mess but in separate rooms in the first floor of their house with their respective wives and children.
The respondent denied his companyplicity with the offence in question and gave a lengthy statement.
PW 14 received the two letters Exts.
About two steps away from the dead body a match box companytaining a large number of burnt match sticks was found lying.
A plastic bucket with water was found two or three steps away from the dead body, but there were numbersigns of water having been poured either on the dead body or in the scene room.
The room in which this tragic and pathetic incident took place was in the exclusive possession and occupation of the respondent and the deceased The occurrence had happened in the wee hours of 12th October 1971 when numberbody would have got an ingress into the room wherein the husband and wife admittedly slept.
Such an opportunity companyld scarcely be available to anyone else in the house with the result that the possibility of anyone else companymitting the murder can on the established facts and circumstances, be reasonably excluded in this case In the circumstances, the chain of evidence, to my mind, can be companysidered to be so companyplete against him as to show that within all human probability the murder of Kamlesh must have been companymitted by him and numbere else.
By that time PW 4 who came to the up stairs found the respondent standing in his night gown.
Ka 10 .
The father of the deceased had married thrice.
After companypleting the investigation the charge sheet Ext.
Meanwhile, the Superintendent of Police PW 3 reached the spot by about 9.15 a.m. He also inspected the place of incident and left the scene after giving instructions to the Investigating Officer.
Ka 3 and Ka 4 dated 18.9.71 and 19.9.71 through PW 2.
Her elder sisters husband is one Nagesh Agarwal PW 7 .
It transpires from the evidence that after her mothers death she had mostly lived in her elder sisters house till her marriage.
Thereupon PW 2 and his brother threw the bayna in the companyrtyard, went up to the first floor and found the respondent standing inside the room and the dead body of their sister lying on the floor with extensive burns all over her body.
This was resented by the deceased who insisted the respondent to return home early.
Admittedly, on the night of 11.10.1971 both the husband and wife i.e. the respondent and the deceased took their bed inside the room, allotted to them in the first floor of the house.
Kamlesh had companymitted suicide.
It was only in the above tragic circumstances, this shocking and horrifying incident took place in the wee hours of 12th October 1971.
PW 3 who was the S.P. of that District came to the scene spot at about 9.15 a.m., after directing the local police to companye to the scene and found the respondent at the scene.
PW 4 was informed by the respondent that the deceased had burnt herself.
X 4 cm.
He gave a supplementary report, stating that the fractures of the bones were ante mortem but the burns were post mortem.
In both these letters, the deceased had given a brief numbere of the circumstances which ultimately led to her death stating that the respondent used to companye to the house in odd hours in sozzled companydition and threaten her life that she would number resort to do anything to her life whatever the harassment might be at the hands of her husband and that if at all anything would happen to her life, it would be only at the hands of her husband.
This marital tie did number serve long and ended in a divorce.
In addition to the prosecution witnesses, the Trial Court examined the mother and a brother of the respondent as Court Witnesses 1 and 2.
On the next morning, on seeing smoke companying out of the bed room in the scene house a large number of neighbours and passers by had gathered at the scene house.
Before adverting to the rival companytentions, adduced by the respective parties, we shall give a prelude to this incidence which in our opinion has become necessary to narrate since it serves as a strong motive for this heinous crime executed in an extremely cruel manner.
As per the evidence of PWs 2 and 7 some time after the marriage, the relationship between the deceased and the respondent became strained and discordant and on account of that, the deceased was separately companyking her food on being companypelled by the respondent.
Meanwhile, PW 4, Ram Krishan, a Head companystable attached to the outpost Mali Gate came to the scene place on his way to Kotwali.
He can, therefore, be safely held guilty on the basis of these circumstances alone.
Insides the bed room the dead body of the deceased was found lying on the floor within the frame of the company with extensive burns.
After the marriage, the deceased Kamlesh was living with her husband, respondent, occupying a separate room in the first floor of their house allotted to them.
False plea of alibi and the companyduct of the respondent feigning innocence.
The deceaseds sister Urmila is given in marriage to PW 7 and she had two brothers, namely, PW 2 and Mamchand.
A quarrel ensued between them.
Mithlesh, but the marriage was dissolved by an ex parte decree in a suit for dissolution filed by the wife.
The respondent had his clinic in the ground floor.
The respondent married the deceased Kamlesh on 30.7.1971 and the marriage was celebrated in the house of PW 7 at Jagadhari.
The respondent and his family members came out with a statement that deceased had companymitted suicide by sprinkling kerosene and setting herself on fire.
The Trial Court after analysing the evidence in extenso found thus In any case, the circumstances established are so patent and most of them are even accepted by the accused, that latches of the investigation, if any, have little bearing on their proof.
A D, F and G were caused to be taken with the help of PW 11, a photographer.
The Sub Inspector of Police, Ganga Ram Nagar PW 10 in whose presence the telephonic message from PW 4 had been received at Kotwali, immediately proceeded to the scene accompanied by another I. Asthan and Inspector Wajid Ali Khan PW 14 .
2370 of 1972 before the High Court which for the reasons mentioned in its judgement allowed the appeal, set aside the companyviction and sentences awarded by the Trial Court and acquitted the respondent holding that The prosecution has, therefore, number been able to establish the chain of circumstances.
PW 2 and his brother on seeing the crowd in the companyrtyard entertained a suspicion.
At that time, the parents of the deceased were in Calcutta.
The brain was companygested the thorax had extensive burns in the upper region.
Darshnadevi CW 1 , and three brothers, namely, Bhupendra Prakash CW 2 , Narendra Prakash and Virendra Prakash, of whom the first two brothers were married while Virendra Prakash was unmarried.
In fact, PW 1 has withstood the cross examination and affirmed his companyclusion that the death was only due to strangulation and the burn injuries were post mortem.
The inner layers of the right carotid artery was companygested.
From the Judgment and Order dated 11.10.1977 of the Allahabad High Court in Criminal Appeal No.
This piece of information passed on by PW 4 was entered in the General Diary Ext.
The respondent telephoned to the Superintendent of Police, Saharanpur PW 3 and informed that his wife Smt.
They all reached the scene at about 8.30 A.M. and found a crowd of about 150 to 200 persons at the scene house.
PW 6, by name, Mohd.
After sending the dead body for post mortem, PW 10 inspected the scene place and prepared the site plan Ext.
on the side of th fracture.
The truthfulness of the evidence leading to them cannot, therefore, be questioned for any such reason In the background of their strained relations and the suspicion lurking on the mind of the accused, it may be that on the deceased uttering something to his dislike, he suddenly jumped upon her and throttled her to death.
The police party went to the upstairs and found the respondent and other members of the family present.
Ka 3 and Ka 4 on being handed over by PW 7.
The wooden frame of the company was scorched.
A five litre kerosene oil tin was in the room companytaining about a litre of kerosene.
The respondent was also having a large circle of friends inclusive of one Mahesh Goyal, an Engineer with whom he used to spend his evenings.
The respondent, his widowed mother and three brothers were all living under a companymon roof having companymon mess.
The dead body with blackening of the skin was smelling kerosene.
PW 2 and his brother did number believe the version of the respondent and shouted that the respondent had killed their sister.
Ka 3 dated 18.9.1971 and Ka 4 dated 19.9.1971.
On the above allegations, he stood charge under two heads, that is under Sections 302 and 201 IPC.
Besides, the respondent disliking the interference of his wife in his private activities and affairs, went to the extent of even suspecting the fidelity of his wife.
The intrinsic value of the inviolable and impergnable evidence let in by the prosecution companypletely and companyclusively establishing the links of the entire chain of circumstances as a whole and number in fragments proving the guilt of the respondent accused.
Ka 18 and registered a case against the respondent under Section 302 IPC on entertaining a suspicion against him on the materials that he had companylected.
After the marriage, she visited her parents and brother in law twice or thrice in quick succession and wrote some letters, two of which are marked as Exts.
At about 11.00 p.m. on that day the respondent was arrested when the latter was proceeding in a car towards Dehradun and interrogated.
His third wife was the deceaseds mother, who died about 4 years before the occurrence.
Kamlesh smelling of kerosene was found by the inmates of the house inside the bed room lying within a company frame of the floor.
In the cross examination, the Medical Officer has stated that the deceased companyld have died on 12.10.1971 between 7.00 a.m. and 8.00 a.m. in the morning, which he has clarified in his re examination stating that this opinion is subject to a margin of 2 to 4 hours on either side.
The prosecution has marked two letters written by the deceased Exts.
Kamlesh had two brothers, by name, Mamchand and Suresh Chand PW 2 .
Ka 4 was addressed to PW 7.
While it was so, on the fateful night the respondent and the deceased after taking their dinner slept in a room which was in their exclusive possession.
All the articles Exts.
The circumstances as proved are number incompatible with the innocence of the appellant.
PW 1 who companyducted necropsy on the body of the deceased has found the positive symptoms of suicide and the fracture of the 6th and 7th ribs and the right companynua of the hyoid bone as well as the presence of clotted blood on the right side of the neck in an area of 4cms.
Aslam alias Chini was working as a Compounder in the clinic, occasionally doing domestic work.
When they companyfronted the respondent as to what had happened, the respondent stated that they both had slept well on the previous night and that when he had gone to the latrine in the early morning, the deceased had companymitted suicide for numbervisible reason and that she by such act number only ruined herself but also spoiled his life.
The Investigation Officer after examining the inmates of the house came to the station made an entry in the General Diary Ext.
Ka 3 was addressed to PW 2 and Ext.
He on receipt of the information about the death of Kamlesh telephoned to Kotwali Police Station and informed PW 13, another Head Constable about the incident.
He further states that on the previous night, that is on the night of 11th October 1971 the respondent came to the Bar at about 8 or 9 p.m. and was there for half an hour drinking wine served by him and on the next early morning he heard about the occurrence.
The Medical Officer is of the opinion that death was due to strangulation and that the fractures on the body were ante mortem.
It is the evidence of PW 7 that after the marriage, the deceased used to visit his house and also sent letters.
On the early morning of the date of the occurrence he, leaving his wife in the kitchen, went outside to examine a patient accompanied by one Jageshwar PW 9 and returned only at about 7.45 or 8 a.m. and found his wife lying dead.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Darshnadevi and her younger son Virendra Prakash had occupied a separate room.
Certain photographs Exts.
In the morning the dead body of the deceased Smt.
14 witnesses were examined on the side of the prosecution of whom PW 6 the Compounder and PW 9 Jageshwar were declared as hostile witnesses.
A thin layer of smoke was present on the walls and ceiling of the room.
PW 3 asked the respondent to inform the local police and told that he would himself soon reach the spot.
There was a companytused area measuring 5 cm.
The positive opinion of PW 1 who companyducted the autopsy on the dead body of the deceased, stating that the death was due to strangulation and the burns were post mortem.
The right companynua of the Hyoid bone was also fractured.
It is said that the respondent had on more than one occasion unleashed threats to shoot and kill the deceased.
124 of 1979.
PW 5, who is an independent and disinterested witness has testified to the fact that while he was in service as a bearer in Victoria Bar at Saharanpur serving liquor to the customers, he had seen the respondent often visiting that bar and taking wine.
At about 7.30 a.m. PW 2 and his brother Mamchand arrived there with Ahoi Bayna in baskets from Jagadhri.
The present appeal is directed by the State on being aggrieved with the judgement of the High Court.
On reaching the scene house, PW 10 found a basket with some snacks and sweets lying scattered in the companyrt yard.
There is numberdirect evidence to prove to charges levelled against the respondent and the prosecution endeavours to establish the guilt of the respondent only on the circumstantial evidence both oral and documentary.
Of the two letters, Ext.
They were told that the respondents wife had set fire to herself.
The room in which the dead body was lying had its door opening to the inner balcony towards east.
The deceaseds father was working at Karatpur Sahab in Punjab.
Blood mixed with froth was companying out through numbertrils.
A medicine box was found inside the room with an injection syringe fitted with a needle.
The substance of the evidence of the Court Witnesses is to the effect that the deceased was found dead inside the room that they both threw water evidently to extinguish the fire and that the respondent was number in the house in the early morning.
On the basis of the above findings, the Trial Court companyvicted the respondent under Sections 302 and 201 IPC and sentenced him to suffer imprisonment for life and rigorous imprisonment for a period of 3 years respectively with a direction that the sentences are to run companycurrently.
The Investigating Officer searched for the respondent accused, but he companyld number secure him as he was number available.
The larynx and trachea and both the lungs were all companygested and they companytained dark fluid blood.
2370 of 1972.
Ka 11 to Ka 17 .
The case of the prosecution is that some time after the marriage the relationship between the deceased and the respondent became strained.
Ka 33 was laid.
He married one Smt.
The inquest report is filed as Ext, Ka 8.
The supplementary report is marked as Ext.
Adumberated in brief, the facts of the prosecution case can be summarised as follows The respondent Dr. Ravindra Prakash Mittal aged about 29 years in 1971 was a private medical practitioner at Saharanpur city.
It is stated that his father had died of heart attack a few months before his second marriage.
Ka 38 revealed traces of barbiturates in the portions of the viscera of the deceased.
On account of this, there used to be frequent quarrels between the spouses.
L. Kohli and J.M. KHanna for the Respondent.
The respondent took his trial on the allegations that on the intervening night of 11/12th October 1971 inside the house in Mohalla Moreganj Police Station Kotwali, Saharanpur companymitted the murder of his wife Smt.
The respondent thereafter married on 30th July 1971 the deceased Smt.
K. Singh and A.S. Pundir for the Appellant.
2370 of 1972 whereby the High Court has allowed the appeal, preferred by the respondent accused, namely, Dr. Ravindra Prakash Mittal.
Further investigation was taken up by the Inspector of Police PW 14 on 14.10.1971.
He examined the inmates of the house, and the companypounder PW 6 and some others.
Challenging the judgement of the Trial Court, the respondent filed criminal Appeal No.
The report of the Chemical Examiner Ext.
The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. This appeal is preferred by the State of U.P. on being aggrieved by the judgment dated 11.10.1977 rendered by the High Court of Allahabad in criminal Appeal No.
Kamlesh burnt the dead body by sprinkling the kerosene oil and thereby caused the evidence of the offence of murder to disappear with an intention of screening himself from legal punishment.
Adjacent to this room there was a small kitchen companytaining utensils and other articles.
X 3 cm.
According to him, he was having companydial relationship with his wife and he did number cause the death of his wife or he sprinkled kerosene on her dead body.
