Dr. R.K. Singh PW 3 stated that he was included in the panel of doctors companyducting the autopsy on the dead body of the deceased and he proved the post mortem report.
Dr. R.K. Singh PW 3 explained that strangulation would mean pressing the neck with force.
The appellants the husband and mother in law of the deceased were acquitted by the trial companyrt but the High Court companyvicted them under Sections 304B, 498 A IPC and Section 4 of the Dowry Prohibition Act and awarded life sentence under Section 304B IPC, 3 years rigorous imprisonment under Section 498A, and six months rigorous imprisonment under Section 4 of the Dowry Prohibition Act.
The sign of tissue ecchymosed and tracheal ring found companypressed was explained by the Doctor that it occurred on account of tying the cloth around the neck with toughness.
Ligature mark of large dimension measuring 31 x 7 cm all around the neck had been found by the doctors.
It would be preposterous to assume that he had such monstrous influence that he companyld win over the three doctors to produce a port mortem report of his choice, falsely showing the signs of strangulation on the dead body of the deceased.
There was a half burnt cloth around the neck with knot half burnt.
Half burnt bed sheet and other clothes as also a half burnt wire mingled with burnt clothes were found.
It was a panel of three doctors formed by the District Magistrate to companyduct post mortem of the dead body of the deceased.
We also cannot accept the argument that the doctors were incompetent.
1 Satya Narayan Tiwari Jolly on 9th December 1997.
S.I. Ghanshyam Gaur PW 6 had companylected bloodstains etc.,
A half burnt cloth around her neck with a knot had been found by the panel of doctors companyducting post mortem on her dead body.
The defence also examined three witnesses.
As a matter of fact, ligature mark was the impression left by the companystricting object around the neck.
Two different types of injuries found on the dead body of the deceased, i.e., the ligature mark of large dimension and the body being badly burnt because of the ante mortem burns with smell of kerosene companying out of the body companypletely rule out the theory of suicide.
It was the companystricting material used by the accused for companypressing the neck of the deceased.
On 03.11.2000 an FIR was lodged by the father of the deceased Surya Kant Dixit alleging that dowry was being demanded from him and the accused was insisting that a Maruti car be part of the dowry.
She had also informed him in this behalf on telephone.
The deceased was aged about 24 years and about day had passed since she died when post mortem was done.
Keshav Tiwari uncle of accused No.
Both the accused were there at their home at Farrukhabad and repeated the demand of Maruti car.
These were the signs of violence and force applied by the assailants on the neck of the deceased strangulating her to render her immobile and to overpower her, but half way.
from the spot at the instance of Shiv Bahadur Singh PW 5 and Circle Officer P.N. Pandey PW 7 was Investigating Officer of the case.
He further stated that three months before the date of the incident the first informant along with his relative went to the house of the accused and explained his financial difficulty in giving the Maruti car to the accused but they were insulted by the accused and were told to get out.
On his expressing inability to meet this demand, he and Jaideo Awasthi were insulted and humiliated and turned out of the house.
A burnt companydless phone was also found.
The FIR was lodged as stated above and after investigation a charge sheet was filed.
If a cloth is suddenly tightened around the neck, it is likely to cause loss of companysciousness, rendering it impossible for the victim to perform any action because of the interference with her breathing process.
A half burnt piece of cloth with a knot was also found tied around the neck.
1 was an Advocate, practising at Farrukhabad who was even present at the time of preparation of the inquest report.
This explains the presence of sooty particles in her larynx, trachea and bronchi.
This Appeal has been filed against the impugned judgment and order of the Allahabad High Court dated 12.07.2005.
Both of them have deposed about the persistent demand of Maruti Car in dowry by the accused persons husband and mother in law of the deceased since after six months of the marriage and harassment maltreatment of the deceased over the score of number fulfilment of the said demand.
The gist of the testimony of Surya Kant Dixit PW 1 was that he had performed a decent marriage spending Rs.
The said recovery is a pointer that the deceased had been subjected to violence there and there was struggle btween her and her captors.
On 03.11.2000 at about 12 numbern the first informant received information on telephone that his daughter had died.
The recovery memoes Ex.
It was practically impossible for PW 1 father of the deceased to maneuver any manipulation in the post mortem report.
About three months before the incident, he and Jaideo Awasthi had gone to Geetas Sasural at Farrukhabad on getting message from Geeta about the atrocities of the two accused heaped upon her rendering her life miserable because of number fulfilment of the demand of Maruti Car.
He also emphatically stated that strangulation was made by the cloth found around the neck of the deceased which was bearing a knot.
Eyes and mouth were partly open.
Their companyduct also voluminously spoke against them.
Both the accused told them number to visit their house again without meeting their demand of a Maruti Car.
Surya Kant Dixit PW 1 was the father of the deceased and maker of the F.I.R. who as well as his relative Jaideo Awasthi PW 2 gave evidence about the demand of Maruti Car by the accused respondents since after six months of marriage and about the demand of Maruti Car being repeated and pressed by both the accused, when both of them had gone to the Sasural of the deceased and had been turned out by the two accused after being insulted on their expressing inability to meet the demand of a Maruti Car.
On her visits to her parental house, she deceased used to narrate to him this witness her torture and maltreatment.
So far as the alleged manipulation in the post mortem report is companycerned, the companytention for the accused is wholly unfounded.
The post mortem report also makes mention of the burnt wire and burnt companydless phone being found stuck with the dead body along with a half burnt scarf around the neck.
The body had pugilistic appearance.
As stated above, the doctors found a half burnt piece of cloth around her neck with a knot half burnt.
Devendra Misra DW 2 and Sushil Kumar Misra DW 3 were number family members of the two accused.
What is the level of civilsation of a society in which a large number of women are treated in this horrendous and barbaric manner?
At the trial, the prosecution examined seven witnesses.
We have carefully perused the impugned judgment and order of the High Court and the judgment of the trial companyrt and other evidence on record.
Owing to companystricting of neck by a ligature, it companyld number at all be possible for the victim to catch hold of the companytainer of the kerosene and pour it upon her with the lighting of match stick setting her ablaze.
1 Satya Narain Tewari alias Jolly about three years before this incident occurring on 3.11.2000.
The theory of suicide put forth by the defence companypletely falls through on careful analysis of the evidence and the attending circumstances.
The sentences were to run companycurrently.
Her tongue was between the teeth.
She was of average build.
He was also a witness of Fard of recovery Ex.
3, 4 and 5, the relevant testimony is companytained in the statement of the deceasds father Surya Kant Dixit PW 1 and Jaideo Awasthi PW 2 son in law of Bua of Surya Kant .
Smell of kerosene was present.
Naturally, he would have been watching the interest of the accused persons.
Heard learned companynsel for the parties.
The facts of the case are that Geeta deceased was married to the appellant No.
Tongue was between the teeth.
The companyplainant was an outsider from another city.
On the evidence on record which we are repeating here again, we see numberreason to disagree with the view taken by the High Court.
Rigor mortis was also present.
As per the prosecution case, she had been married to the accused respondent No.
Surya Kant Dixit PW 1 then went to Geeetas father in law at the place of his employment State Bank because he was a gentleman.
Vidushi Tiwari DW 1 was the real sister of the husband of the deceased.
They sprinkled kerosene on her and burnt her to accomplish their objective of causing her death.
Nothing companyld be brought out of the cross examination of Dr. R.K. Singh PW 3 to displace the facts emerging from the post mortem report.
Ka 10 and Ka 11.
Head Constable Mohar Pal Singh PW 4 had scribed the check report on the basis of the FIR lodged by Surya Kant Dixit PW 1.
Shir Bahadur Singh PW 5, Tehsildar of Tehsil Farrukhabad prepared the inquest report of the dead body of the deceased and other related papers.
