In defence, DW 1 Parmanand Sharma, servant in the shop was got examined in support of plea of alibi of the appellants.
Body separated with hard and sharp object at just above the umbilicus shows multiple inflictions by moving body all around and vertebral companyumn cut at inter vertebral disc with multiple inflictions over the cartilogenous part and on vertebrae.
Some part of the intestinal loops small and large missing, and faecal soiling present and lower part of abdomen where vertical present right to umbilicus to pubic symphysis indicating cut mark on the bony and soft tissue part.
Within five minutes at about 19.55 hours 7.55 p.m. the information was transmitted to the companycerned police station Juni and information Ext.
The relevant extract from the report dated 31 10 2006 Exhibit P 73 regarding presence of blood on the nails of the three accused is reproduced below No.1 Packet Found inside here From whom whoseDetails Mark Exhibit detail Markseizure dated of tins No.,
Faint blood stained marks on the body, numberclotting present.
The prosecution evidence was put to each one of the accused under Section 313 Cr.
9812 of 2013 filed by Dhanwantari mother in law of deceased was dismissed by this Court as withdrawn on 16.9.2014.
Inquest report Ext.
Emphasis supplied PW 15 Dr. N.M. Unda has stated that injury No.
It is reported on Ex.
P 54, P 56 and P 57 prepared in the presence of PW 30 Suresh Neema and one Ramesh.
The three companyvicts filed separate appeals before the High Court and the same were heard together and disposed of by the companymon judgment and order dated 23.8.2012, impugned in these appeals.
XIII were post mortem in nature.
Prosecution story in brief is that on 16.9.2006 at about 19.50 hours 7.50 p.m. PW 19 Constable Nirmal Kumar Patil received telephonic information at Police Control Room that a middle aged woman came on a scooty, and threw two bundles wrapped in bed sheets in Sewa Ram Zilani Garden, Patel Nagar, Indore, and that some blood stains were visible from the packets.
All articles sealed and handed over to P.S. Duration of death within 12 to 36 hours since post mortem examination.
On the basis of the telephonic information, Ext.
Anal swab slide preserved Brain material preserved separately for chemical analysis.
Lower half part 96 cm and upper part 63 cm.
Stomach some watery fluid light brown in companyour about 190 ml with slight altered smell and mucosa healthy.
Other hairs also present.
The above named four persons with Phugga went towards the place, and saw the bundle with blood stains.
Partly, mouth closed and lip approximated.
Along with ante mortem injuries, post mortem injuries present i.e. post mortem separation of body into two halves and trying effect of cutting to into multiple pieces with missing of intestinal parts loops and kidney lower part, mesentery and blood vessels.
Preserved for chemical analysis and sent to pathological examination numbersubdual or extradual companylection found.
It is pleaded by the accused that Bhoomi Richa was missing after she went to her relatives place.
Evidence of defence wounds present and effect of leaning i.e. removing stains present.
Anteriorly Right thigh post mortem nature wound 5 x 1 cm deep muscle.
V4 do Swab W Nails 08 W Accused Manoj.
Dorsal part and the skin of the hands and fingers showing very slight shrinking effect and all the wound part small sizes show very scanty amount of blood at deeper level while upper part shows clean.
Antemortem injuries narrated by PW 15 Dr. N.M. Unda clearly suggest that the deceased attempted to save herself and resisted the assault with all her might before her death, and she appears to have been overpowered by the assailants, and killed brutally.
P 25 Murg/ intimation , PW 12 Constable Mohd.
Large intestine companytains little faecal in the lower available part.
Rest on cheek and zygomatic area.
20.09.2016 W1 Nails 08 W1 do Nos.
size, companyour, distri b ution V HB Nails 04 V1 Memo of Nos.
Lower part circumference and diameter 27 cm into 20 cm both part matching each other shows the multiple cut marks.
Death of Bhoomi Richa was homicidal in nature with twelve ante mortem injuries mentioned above.
On 23.9.2016, Vishal brother in law of deceased was also arrested.
Thereafter Murg inquiry was made by PW 35 SI Mohan Lal Purohit, who registered crime number 431 of 2006 on the next day 17.9.2006 against unknown persons.
After their arrest, accused were medically examined by PW 27 Dr. G.L. Sodhi, who found marks of simple injuries on the person of Dhanwantari, and medical report Ext.
P.33 was recorded at the Control Room.
Liver and Spleen pale and healthy.
Death was due to shock and hemorrhage as result of ante mortem multiple injuries to the body.
Stab wound present on the right side cheek just lateral to angle of mouth 3x1.5cm into deep tongue skin deep 3.2 cm other smaller incised on its medical and size 2 x 1cm size this also deep skin.
Wound on right side upper limb on the arm measuring deep wound 15 x 6 cm size deep to muscle up to bone but numbercut mark on the bone seen.
P 73 that after Benzedrine Phenaphthelene and crystal test on exhibits were done, it was found that on Exhibits V1, V2, V3 and V4 i.e. on nails of companyaccused Dhanwantari, mother in law of the deceased blood was found and examination of category and group of the blood found on these exhibits was done and on Exhibits W, W1, X, and X1 i.e. on nails of the appellants blood was number found.
Trimming of nails all fingers with its companytent Scalp hair with skin pieces.
Silver companyour Activa bearing registration No.
adjusted length.
During investigation blood stains were found in the house of the appellants.
From the autopsy report, quoted above, read with statement of PW 15 Dr. N.M. Unda, it is clear that the deceased died due to shock and haemorrhage as a result of multiple injuries to the body.
Right foot 6 wounds of 11.00 x 0.5 cm to 1.2 cm size depending upon the depth maximum upto 2 cms with cutting of bones.
It was further directed that in default of payment of fine, the defaulter shall undergo further rigorous imprisonment for a period of one year.
Anal opening dilated and shows an funnel pattern with multiple superficial indepth heal scar marks with mostly healed too.
Multiple incised wound present on the right face 11 in Eleven number with muscle deep size 1.5cm x 1.0cm to 1x1 cm size on upper lip.
P 50 was prepared.
After investigation, a charge sheet was filed against four accused namely Manoj husband , Jamnadas father in law , Dhanwantari mother in law and Vishal brother in law for their trial in respect of offences punishable under Sections 302 read with Section 34 201, 304 B and 498 A IPC.
Other three deep cut marks present in the palm of left hand also present.
P 6 was prepared by the police on 17.9.2006 at about numbern after dead body was identified as the one that of Bhoomi Richa by PW 6 Sanjay Chhabra, companysin of the deceased.
156 of 2015 and 155 of 2015 have arisen out of Special Leave Petition s filed by father in law and husband of deceased, respectively.
Hypostasis present on the back side of the body and fixed and faint.
Emphasis supplied Wound marks as recorded in separate sheet annexed with autopsy report are reproduced below Four incised wounds present on the left side face including lateral part eye lid to the ear sizes 1 11 x 1 2 10 x 3 9 x 0.75 4 7 x 2 cm all are vertically placed extending up to forehead left side.
All the accused pleaded number guilty and claimed to be tried.
Scalp hairs present at places over the body.
P.C to which they replied that the same is false.
Injuries as on the neck.
On other heads, the accused stood acquitted from the charge.
It is further pleaded by the appellants that they were in the shop during the day time when Bhoomi Richa went missing.
Pubic hair preserved with other material after shaving.
Death homicidal in nature.
P 27, the incident appears to have taken place sometime during the day, and natural presence of the appellants at that point of time was at the place of their work, which also reflects from the statement of DW 1 Parmanand Sharma, who told that the appellants were in the shop on 16 09 2006 from 930 a.m. till 730 p.m. It is further submitted that witnesses PW 1 Mukesh Jayswal, PW 3 Narayana, PW 4 Udhvdass and PW 5 Manohar alias Mannu have stated that it was a woman who was seen taking a bundle and threw the same near Sevaram Gilani Garden, situated near Patel nagar, Indore, but there is numberhing in their evidence as against the present appellants.
Multiple defence wound present in the both hands and palmer side over the metacarpo phalangeal joint and proximal phalaxin part in a plane with fist closed.
Uterus measured in formation for histopathological examination.
Rigor Mortis present all over body stiffness present.
He further opined that except companytusion marks ante mortem and post mortem injuries were caused by hard and sharp object.
Small intestine companytains little slight digested food.
Savitri, PW 14 Constable Mahabal Singh Chauhan, PW 15 Dr. N.M. Unda who companyducted autopsy on the dead body of the deceased , PW 16 Dr. Anil Kapoor, PW 17 Head Constable Ashraf Ali, PW 18 Dr. Bharti Dwivedi, PW 19 Constable Nirmal Kumar Patil posted in PCR, Indore who informed the Duty officer , PW 20 Manoj Chauhan Wireless Operator who received message from PW 19 , PW 21 Pankaj Nagpal, PW 22 Rajesh Kumar Nachani father of the deceased , PW 23 Rajendra Kumar, PW 24 Keshav Kumar, PW 25 Sonam, PW 26 Umesh Nara uncle of deceased , PW 27 Dr. G.L.Sodhi who examined injuries on person of Dhanwantari , PW 28 Jeevan Lotani, PW 29 Harish, PW 30 Suresh Neema, PW 31 Yogesh Gupta, PW 32 Madhuri minor sister in law of deceased , PW 33 Padvilochan Shukla Investigating Officer , PW 34 Raksh Pal Singh Incharge S. Juni , PW 35 Mohan Lal Purohit and PW 36 Sub Inspector K. L. Pandey.
Total number given on other page with other small wounds present on both hands.
Body separation exposing abdominal and Pelvic cavity part are post mortem in nature with separated intestinal opening available .
Slide from cervice opening and uterine cavity made along with vaginal smear slide and swab pubic hair shaved and preserved for any foreign hair and other evidences.
Body average built, eyes closed.
Vaginal smear slides swab preserved along with cervical smear, uterine cavity fluid slide preserved.
P.1 entered, PW 17 Head Constable Ashraf Ali left the Police Station Juni along with PW 12 Constable Mohd.
Contusion present on the right zygomatic part between 2 incised wound 3.5 x 1.3 cm size transversely placed.
Superficial cut marks present on the skull, Rest healthy Brain extremely companygested and number specific smell present.
Back of the neck.
M. Ahmad, PW 13 Constable Smt.
They sent PW 2 Phugga Kamal to bring milk, and after sometime PW 2 Phugga Kamal came back and told them that one packet wrapped in companyored bed sheet was lying in the park near walking track, in which blood spots were visible.
accused Accused Dhanwanti from MGM, Indore 20.09.2016 V2 do Swab V3 do Nails 08 Nos.
On 19.9.2006, appellants Manoj and Jamnadas along with Dhanwantari mother in law were arrested.
It is a case where a young bride was brutally murdered within six months of her marriage, her body chopped off in two pieces and thrown in a park.
As against accused Vishal, charge only relating to offence punishable under Section 201 IPC was framed.
External injury on scalp described on Injury section.
Other hair present Both bed sheets Brain and uterus preserved for histopathology examination in formation.
After Dehati Murg intimation Ext.
Muscles deep with two other injuries 5 x 2 cm and measuring with 3 superficial injury mark.
Preservation Viscera preserved for chemical analysis.
The case appears to have been companymitted by the Magistrate to the Court of Sessions where the trial companyrt framed charge in respect of all the above offences against the first three accused.
Both lungs pale and healthy Trachea pale and healthy injury present described in injury at serial 3.
An injury of 9.2 cm on right leg at L/3 and middle 1/3 part of leg.
The present criminal appeal number.
Samples of blood stains were taken and, search memo Ext.
The dead body was sent in a sealed companydition for autopsy.
P.34 was recorded.
Cut part circumference 73 cm and 23 cm at chest upper part.
Body appears cleaned and washed.
M. Ahmad towards the spot.
On this the telephonic information was given to the Control Room.
Enquiries were made in the same evening on which PW 1 Mukesh Jaiswal told that as usual on that day 16.09.2006 at about 5.30 p.m., he had gone to temple and was sitting with PW 5 Manohar Mannu, PW 4 Udhav Dass and PW 3 Narayana.
Heart practically companypletely empty.
Jamnadas 20.09.2016 X1 Nails 08 X1 do Nos.
Forearm multiple superficial injury longer size obliquely placed and fine linear type.
X Nails 08 X Accused Nos.
Cutting of both feet with marks of injury present at foot lower and medial part and left foot lateral part.
Cut mark manner pattern shows an object moved within closed fist.
Soon thereafter they saw a woman companying on an Activa who threw another packet, and went away.
Thereafter, house of the appellants i.e. 40, Sarvodaya Nagar Indore was searched.
MP 09/JX 7556 was also seized.
PW 15 Dr. Unda has further proved reports Exhibit P 30, P 30A, P 30B, P 30B, P 30C, P 30D and P 30E regarding examination made on 25 09 2006 of weapons knives and scissors sent to the M. G. M. Medical College and M. Y. Hospital, Indore.
Convict Dhanvantari was further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/ in respect of offence punishable under Section 201 IPC and in default of payment of fine she was directed to undergo three months rigorous imprisonment.
The trial companyrt after hearing the parties found that charge framed against accused Vishal brother in law of the deceased regarding his involvement in the crime, was number proved beyond reasonable doubt as such he was acquitted.
Multiple post mortem wounds present on the different parts of the body over the foot, leg and wrist shows the intention with post mortem nature to companyvert body in small pieces for disposal.
Some part of the kidney blood vessel and soft tissue missing.
Prosecution got examined PW 1 Mukesh Jaiswal who saw Dhanwantari disposing of body of the deceased , PW 2 Phugga Kamal who first numbericed the thrown 1st packet , PW 3 Narayana who was with PW 1 , PW 4 Udhav Dass who was also with PW1 , PW 5 Manohar Mannu who was also with above four, and informed the Police Control Room , PW 6 Sanjay Chhabra companysin of the deceased, who identified the dead body , PW 7 Dinesh Parking Stand wallah , PW 8 Yogendra Hostile witness , PW 9 Rajesh Agrawal Contractor of boundary wall of the park , PW 10 Constable Ram Babu Sharma who received ten sealed packets from M.Y.Hospital for being sent to F.S.L. , PW 11 Head Constable Radhey Shyam Sharma who prepared Ext.
Prafulla C. Pant, J. These appeals are directed against judgment and order dated 23.8.2012 passed by High Court of Madhya Pradesh, Bench Indore, whereby criminal appeal number 977 of 2007 filed by father in law of deceased , criminal appeal number 993 of 2007 filed by husband of deceased , and criminal appeal number 1000 of 2007 filed by mother in law of deceased were dismissed.
At the outset, it is relevant to mention that Special Leave Petition Crl.
