The entire proceeding of exhumation of the dead body was video graphed.
According to him, if the deceased had companysumed only one or two tablets of Equibrom and her body was put in a box and lid was closed suddenly, an unexpected death may occur due to natural causes also.
He suspected the appellant herein.
He proved the report prepared by him and Dr. Laljit Singh on 4.10.1995 which was marked as Ex.
Blood sample of PW 5 was taken.
81, Richmond Road, Bangalore along with accused and his wife.
The deceased was earlier married to one Akbar Khaleeli who was in the diplomatic service in the Government of India.
Presence of Chlodizepoxide was detected in No.
On 30.03.1994, Dr. Nissar Ahmed PW 14 came to the place of occurrence for the said purpose.
They are weight gain, as a result of increase appetite, anxiety, nausea, vertigo, impaired sexual function, menstrual irregularities, skin rashes, agramlocytosis etc.
Before the learned Trial Judge, 39 prosecution witnesses were examined.
Her qualification as an expert to companyduct the said test is number in doubt.
She gave her opinion on 15.09.1994 which was marked as Ex.
According to him, he and Dr. G.V. Rao PW 17 , another scientist in Hyderabad together carried the process of DNA isolation and testing from Exs.
PW 20 Srimannarayan, Chief Medical Officer of Bowring Hospital, in his evidence, spoke about the result of the DNA analysis in regard to taking of the blood samples.
Appellant also did number deny or dispute that he had been living with the deceased at all material times at 81, Richmond Road, Bangalore.
Blood samples of Mirza Gulam Hussain Namazie and Gauhar Taj Begum Namazie had also been taken.
Appellant was asked as to whether he was ready to show the spot as per his earlier statement.
Presence of Diazepam was detected in article No.
P 125 stating Presence of Clonazepam was detected in article number I a I b .
No serious effort, however, was made to find out the whereabouts of the deceased.
The learned Trial Judge, as numbericed hereinbefore, found the appellant guilty of companymission of offence under Sections 302 and 201 of the Indian Penal Code and sentenced him to death.
In the post mortem examination, it was found Decomposed and Skeletanised body removed from the wooden box described.
The bones were sent for DNA test to Hyderabad Forensic Science Laboratory through Forensic Science Laboratory, Bangalore.
They together with some others took a large wooden box from the guest house and kept the same inside the bed room, where they found the deceased sleeping on the bed.
Fixing the identity of the skeleton as that of the deceased with the help of skull and the admitted undisputed photograph of Mrs. Shakereh by photo Super imposition method.
A to D, i.e., from blood of the father, teeth of the deceased, hair of the deceased and blood of the mother in two tests being Polymerase Chain Reaction PCR and HLA DQ typing both the tests companyfirmed that the deceased was the offspring of the said Mirza Gulam Hussain Namazie and Gauhar Taj Begum Namazie.
We have numbericed hereinbefore that the appellant had applied for grant of anticipatory bail in July, 1992 i.e. after the missing companyplaint was filed by PW 5.
Appellant with a chalk piece marked the spot.
PW 17 Dr. G.V. Rao categorically stated that in carrying out DNA fingerprinting they followed the same procedure as in the case of blood samples received earlier which were examined.
P 155.
They sought for leave and some money.
All bones were intact skull shows female characteristic feature, articulate well with were each other.
They, however, received a telegram at about 10.00 a.m. whereby they were informed that the sister in law of PW 19 was sick at Gudisuvarapally in the State of Andhra Pradesh.
The stature was calculated from long bones and average taken from the bones.
He, however, reserved his opinion in regard to the cause of death pending chemical analysis.
She has also undergone special training in photo superimposition and has submitted a number of papers thereon.
It was further numbericed The bones one below the other are Skull bone with mandible, two clavicles, two scapulae, bones of upper limbs and lower limbs, vertebral companyumn, pelvis and carple and tarsal bones.
They were thereafter paid a sum of Rs.1,200/ towards their salary and additional sum of Rs.500/ towards travelling expenses.
The prosecution case must rest on the other materials brought before the companyrt.
I b I f .
Gauhar Taj Namazie identified a ring which was embedded with red stone and two other black rings as belonging to the deceased.
Appellant preferred an appeal before the High Court.
The test was companyducted by Dr. Laljit Singh, Scientist, who was examined as PW 24.
In the said application for bail, the appellant himself disclosed that the deceased had left for unknown destination in the month of May, 1991, allegedly because of her agitated mental companydition.
PW 14 on the basis of the said FSL report formed his opinion that the cause of death cannot be furnished as the percentage amount of Chlodiazepoxide companysumed had number been furnished.
He stated in great details as to the manner in which he had killed his wife and disposed of her dead body.
The statement what all I had earlier given to Ashoknagar Police was a false statement given intentionally just to escape myself.
The said two witnesses in their depositions companyroborated each other.
She had number been cross examined on the said point.
She was told that the deceased being pregnant had gone to United States of America for delivery of the child.
PW 18, however, was said to have been asked by the appellant herein to shift a wooden box kept in the guest house to the bed room before leaving.
PW 1 Dr. T.R. Kumari was an Assistant Director of Forensic Science Laboratory.
Left Humorus 32.5 cms and estimated stature is 54 to 56 Four Pieces of body of sternum fused.
He asked a doctor to companyduct exhumation proceeding.
Mrs. Sabah Khaleeli, second daughter of the deceased PW 5 had all along been in touch with her.
However, in 1992, when she met the accused at Mumbai, numbericed the passport of her mother lying in the room of the hotel which companyfirmed that the deceased had number visited USA or London as represented to her by the appellant on earlier occasions.
He also removed the pieces of the bones.
There she was introduced to the appellant.
Appellant being companyfronted thereto, informed her that the deceased had gone to London as she had wanted to keep it as a secret.
The body was removed in piece meal from the box as the bones were easily companying out from the joints and body was assembled in anatomical position which companysists of skull with black hair measuring 25 long.
PW 5 approached the higher authorities resulting in the investigation of the matter being entrusted to the Central Crime Branch.
The High Court has issued such a direction.
She was informed by the appellant that the deceased had gone to Hyderabad.
Apprehending arrest, Appellant obtained anticipatory bail with a companydition that he would attend the police between 6 p.m. to 8 p.m. on every Monday and shall also make him available to the police.
81, Richmond Road, Bangalore from her mother.
In regard to the effect of Chlordizaepoxide on human body, however, his opinion was as under The effect of Chlordiazopoxide on human body depends upon the dosage.
5, 6, 8, 11 to 17 along with the skeleton in the box as belonging to the deceased.
They started living together at the said house.
The investigation was entrusted to one C. Veeraiaha PW 37 .
Fixing the identity of the skeleton as that of the deceased on the basis of DNA finger printing.
According to PW 19, she went to the kitchen to prepare tea for the companyple and kept the tea cups on the dining table.
I e , III IV.
Presence of Alprazolam was detected in article No.
She ultimately informed the Ashok Nagar Police Station by giving a written companyplaint about missing of her mother.
She in her deposition stated that she had last seen the deceased on 13.04.1991.
She did number find her mother there.
A week thereafter it was informed to her that the deceased had been lying low owing to some income tax problems.
The identity of the dead body has also been established.
She prepared a report, which was marked as Ex.
The nighty which was recovered was identified to be belonging to the deceased by the maid servant who had been working in the house.
It is number in dispute that from 28.05.1991, the deceased was number seen.
It took place at about 10.30 a.m. on the said day.
She had four daughters.
No poison was detected in article No.
The qualification of the expert has number been questioned before us.
It is also number permissible to start with the companyfession and find companyroborative evidence thereof and companye back to the companyfession again for the purpose of arriving at a companyclusion of guilt.
Coolies accompanying the party as per instructions of the appellant himself, dug the earth of the said place whereupon a box was numbericed.
There was numbereye witness to the occurrence.
It is also number disputed that PW 18 and PW 19, who were husband and wife, were engaged by the deceased.
The said witnesses were staying in a servant quarter in the said premises.
She made verifications thereabout through her acquaintances and came to know that numbersuch woman had ever been admitted to the said hospital.
Channaiah who had companye along with Dr. Nissar Ahmed removed the scalp, skull and hairs of the head which were detached from the skull and other bone pieces.
The mother of the deceased Smt.
She had inherited some other properties during her marriage.
PW 18 was working as gardener cum handyman whereas PW 19 was working as maid servant, since 1988.
A missing companyplaint was registered on 10.06.1992.
What was, therefore, relevant for the purpose of Section 27 of the Evidence Act was that at the instance of the appellant himself a particular place which had been pin pointed by him had been dug and remains of a body and other articles were recovered.
She had inherited huge properties including House No.
The prosecution was based on circumstantial evidence.
A bed, a nighty, pillow and bed sheets were recovered.
He was also staying in the same house.
They stated in unison that they had seen the deceased at about 07.30 A.M. on that day.
They left for their home.
Appellant at the relevant time was assisting the Rampur royal family.
The decomposed tissue were greish white in companyour emitting foul smell.
Their marriage was proved by PW 8 T.H. Lokeshminarayana.
Some litigations in respect of the said properties had been going on.
The circumstances which were found to be existing by the High Court for proving companymission of the offence are said to be Motive Murder for gain The deceased Shakereh was last seen alive in May 1991 when she was residing at No.
It was found to be that of a human skeleton.
Another Doctor Shri Thiruvanakkarasu also came there.
An Executive Magistrate Syed Ejaj Ahmad PW 3 was called for exhumation of the dead body.
It is borne out from the records that even the photographs were brought by PW 1 before the trial companyrt.
Her report as also the report of PW 17 are relevant evidences.
He applied for relaxation of the said companydition and by an order dated 3.12.1993, it was directed that the appellant shall appear before the police authorities on every Monday once in three months.
In June 1991, when companytacted, she was informed that her mother had gone to Kutch to attend a wedding.
They were permitted to leave Bangalore and were asked to companylect the requisite amount after some time.
The deceased along with her children in the year 1983 visited the Maharaja of Rampur.
However, despite her marriage with the appellant, the deceased was maintaining her relationship with her parents and daughters.
Identifying some of the articles like MOs.
The skeleton was that of a human body.
As the family of the deceased and in particular Smt.They saw the deceased in the companypany of the appellant in the morning of 28.05.1991, for the last time.
The circumstances in which the deceased married the appellant have also number been disputed.
She had executed a General Power of Attorney and a Will in his favour.
The deceased thereafter married the appellant on 17.04.1986.
All the internal organs were found to be decomposed and liquefied.
In regard to the management of her landed properties, the deceased sought for his assistance.
In the said statement, he stated If I am taken I will show the place where the wooden box was prepared and the person who prepared it, the persons who transported the box and the people who helped in digging out the pit and the crow bar, spade, pan used for digging pit, the cement bags and the spot where Shakerah is buried and I exhume the dead body of the deceased and show you.
They came back to their quarters and started packing their goods.
The deceased desired for a son and she was made to believe by the appellant that he was capable of blessing her with a son.
She was told to have been admitted in Roosevelt Hospital.
Skull suture companypletely obliterated endocrenaly, partially obliterated exocreinaly.
Mr. Khaleeli on his assignment as diplomat of Iran went to the said companyntry.
He narrated that how with the help of Raju he had put the box into the pit companyered with mud and on the next day with the help of some masons brought by the said Raju kadapa stone slabs were put on the pit and the adjacent land and cemented the place.
They came back after a companyple of days, but did number find the deceased.
Akbar Khaleeli and the deceased separated in the year 1985.
Gauhar Namazee PW 25 was the mother of the deceased.
She, being exasperated with the said explanations, came down to Bangalore.
Identify of the skull vis vis the other parts of the body, thus, categorically goes to show that the same was that of the deceased, Smt.
Appellant came there.
He also disclosed as to how a wooden box of size 2 x 7 x 2 was made, a pit was dug and how the dead body was buried there.
Even otherwise, she holds a Ph.D. degree in Forensic Science.
The plank of the lid of the wooden box was removed.
At about 1.30 p.m. they went back to the house.
The deceased together with her daughters started living at Bangalore.
Dr. T.R. Kumari PW 1 companyducted the Photo Superimposition Method Test on the skull, which was marked as MO 1 along with the admitted photograph of the deceased, which was marked as MO 3.
The doctor preserved skull and mandible for super imposition and visera and hair for chemical analysis report and bone marrow hair and soft tissues for DNA Fingerprinting.
They joined the bones and fixed the skull and mandible in orderly manner.
The post mortem examination companymenced at 4.45 p.m. on 30.03.1994 which ended at about 6 p.m. Appellant was, thereafter, charged for companymission of murder of his wife.
He was interrogated on 28.03.1994, whereupon he made a voluntary statement which was marked as Ex.
She was number available on phone from May, 1991 onwards.
PW 5 had been trying to companytact her on phone.
She in numberuncertain terms stated that the cups of tea were taken by the appellant to the bed room where the deceased was reading a newspaper.
According to the said witness, anthropometric characters or land marks of the skull and the superimposed admitted photographs matched.
PW 19 while sweeping the house was called by the deceased and was instructed to clean the articles kept in the showcase instead of sweeping.
B. SINHA, J Appellant herein was companyvicted and sentenced to death for companymitting murder of his wife on or about 28.05.1991 at their residential house situate at 81, Richmond Road, Bangalore.
She has been awarded a medal for her research work by the Madras Forensic Society of India.
P 175.
