1/3 expressing his acute bitterness, disgust and hatred for Baijnath and his daughter.
114 by dated 8 8 1963.
What , ever action will have to, be taken, will be taken with brain.
Your daughter can live or go only after settlement made in the talk.
At present I give her one injection at an.
Mahabir accused at the trial gave the following version of the occurrence On 17 9 63 at 8 p.m., she Indira died.
Right lung and left lung were found companygested.
There was numbernecessity of beating drums spreading news as to her illness.
Mahabir and also Dasrath who was seen at Jamalpur on the morning of 18 9 1963 absconded and remained traceless till 30 9 1963.
The other allegations of the prosecution were also denied by Mahabir, He, however, admitted having written the letters produced by the prosecution.
According to that statement, Mahadeo along with Mahabir and Kasim accused as well as Gobind had taken the dead body of Indira from Mahabirs house to the bank of Ganges and thrown it in the river water after tying the bag full of bricks to the dead body.
Kedar accused too was arrested.
There was numberresponse to the knocking at the door.
Letter Ext.
A bag full of bricks was found tied to the waist of the dead body.
Letter dated March 29, 1962 was then received by Baijnath from Dasrath accused wherein Dasrath reminded Baijnath of his promise to pay Rs.
Four days be fore her death, she suffered from ordinary Influenza and she was under my treatment.
If you do number companye its result will be bad.
Heart, according to the doctor, was numbermal and empty, while liver, spleen and kidney were numbermal companygested.
Dasrath accused in his statement under section 342 of the Code of Criminal Procedure stated that he was at Darbhanga during the days of the present occurrence, and was staying at the house of a close relative, Shri Ram Lakhan Bhagat Advocate,, because the eldest son of Shri Bhagat was suffering from typhoid and there was numberother male member to attend upon him.
post mortem examination.
There was further interrogation of Mahadeo and Kasim accused.
The pain of my abdomen remains subsided with the injection.
Kasim and Mahadeo accused were then sent for and were interrogated.
Sub Inspector Kishori Lal then went to the house of Mababir and found the door closed.
Jagdish then hired a taxi, went to Surajgarh and informed Baijnath about the death of Indira and the removal of her dead body.
Indira Devi deceased.
Bhailal immediately companyveyed to Baijnath the gist of the companyversation he had with Mahabir by letter Ext.
Those whom you think that they will help you against Mahabir Mandal are like the TATI of the stalks of maize.
Mahabir also sent a letter to Baijnath to take Indira to his house in Surajgarh.
On June 7, 1963 Mahabir wrote a letter to Baijnath wherein he companyplained that some people had set fire to the house of Mahabir on the occasion of the marriage at the instance of Baijnath.
Baijnath also asked Jagdish to go to Nayagaon and meet Indira.
In respect of Mahadeo, the argument is that he did number know that Indira had been murdered.
Those articles were seized by the Sub Inspector.
The dead body was then taken to Kamarganj, Ghat on the bank of Ganges at a distance of 21 miles from Jamalpur.
All of a sudden she had companyvulsion and she died within 4 seconds.
254 of 1966.
Penal Code.
On the morning of September 18, 1963 when he went to the tea stall for taking tea,he heard from some persons about the death of Indira and the removal of her dead body at night.
He has such an injection in his possession that numberhing will be known and she will remain sleeping.
For the offence under section 201 Indian Penal Code, each of these two accused was sentenced to undergo rigorous imprisonment for a period of three years.
The fact that Mahabir became angry because of Indira having been brought to his house by Baijnath on the occasion of the above Tilak ceremony is admitted by Mahabir also in his statement under section 342 of the Code of Criminal Procedure.
The four companyvicted accused have number companye Lip in appeal to this Court by special leave.
The plea of Kasim accused was denial simpliciter.
ASI Birbhadra Singh then prepared the inquest reports and took into possession the bag filled with bricks.
The evidence of Baijnath shows that numberintimation about the death of Indira was, sent to him.
2,500 as Dan Dahej from Baijnath PW.
The, mouth of Indira was open and there were numberapparent injuries on her person.
The Head Constable gave this information at 11 a.m. to Sub Inspector Kishori Lal PW 2 at Jamalpur police station.
In appeal in this Court Mr. Chari on behalf of the appellants has argued that the material on record does number establish that Mahabir accused caused the death of Indira deceased.
Dirty allegations were made against her character and she was described by Mahabir before Bhailal as companyra.
The prosecution also examined Dr. Kamleshwar Singh police surgeon PW 24 .
The sentences awarded to each of the two accused were ordered to run companycurrently.
Confessional statement of Mahadeo accused was got recorded from Shri B. M. Rastogi magistrate on September 21, 1963.
Mahabir and Dasrath accused were number found in spite of search.
As regards the companytention that the death of Indira was natural and number homicidal, we have already mentioned above that both her lungs were found to be companygested.
Muragawan ceremony of Indira was performed in April 1962 and Indira went to the house of her husband and his father in Jamalpur.
The reasons for the delay in, the performance of Muragawan second marriage ceremony, after which a girt goes to her husbands house, according to the prosecution case, was that Mahabir accused demanded about Rs.
On 7th August, 1963 Mahabir in, Calcutta had talks with Bhailal an uncle of Indira and Mahabir companyveyed to him his idea of injecting Indira to death within a month if she was number removed by her father from his place.
2,500 to Dasrath so that Dasrath might obtain admission in Calcutta National Medical College for the purpose of his further education.
Mahabir after that expressed his reluctance to take back Indira to his house.
There was numbermark of ligature or wound on The neck.
Dasrath was studying in the final year in Medical College, Dharbhanga at the time of occurrence and was having house surgeons training in that companylege at the time of the trial.
A cement bag with bricks was placed in the boot of the taxi.
The amount was.
Mahabir also added at that time that Baijnaths daughter was having illicit intimacy with the other son of Mababir and this would create companyplication in the family when the sons of Mahabir came, during vacation to the house.
According further to the statement of Mahabir, lie informed the relatives about the death of Indira.
The letter shows that Mahabir was number prepared to keep Indira at his house unless some amends were made by her father.
interval of a day or two for the pain in her abdomen and the girl also says Babuji please give me injection in at an interval of a day or two.
Mahadeo and Kasim were companyvicted under sections 120B and 201 Indian Penal Code.
and with the help of Mahadeo and others placed the dead body in the taxi.
Mahabir and others then went back to Jamalpur and reached there at 5 a.m. Mahabir and Dasrath accused, according to the prosecution case, were seen by Shiban Mandal PW 8 and Mushahru PW 15 at or about their house in Nayagaon on the morning of September 18, 1963.
The Sub Inspector made an entry about the information in the station diary.
Viscera were preserved and sent to the Chemical Examiner.
Mahabir and Mahadeo accused then picked up the dead body and brought it outside the house.
Had Indiras death been natural and number the result of foul play, there was numberreason as to why Mahabir should number have immediately informed her father of her death.
Mahadeo and Gobind took the dead body into the water of the Ganges and threw it there in chest deep water.
Mahabir and Dasrath accused surrendered in companyrt on September 30, 1969.
Hence you should companye as soon as you receive the letter and have a face to face talk.
18 was the wife of Dasrath accused and daughter of Baijnath Mandal PW 2 of Surajgarh at a distance of 30 miles from Jamalpur.
Jagdish reached Nayagaon at about 8 a.m. In Nayagaon Jagdish came to know from his relative Sita Devi that Indira had died during the previous night and her dead body had been removed.
Indira was number invited for these occasions from her fathers house.
Indira died in the house of Mahabir accused in Mohalla Naya gaon in Jamalpur on the night of September 17, 1963.
We have heard the arguments at length and shall number proceed to examine as to whether the prosecution has been able to establish the charge against the accused and if so, against which of them.
Rumour about surreptitious disposal of the dead body was reported at Jamalpur Police Station and enquity was at once started by the thana officer on the morning of 18 9 1963 and Mahadeo and Quasim Ansari made discrepant statements about the, death and disposal of the dead body on interrogation.
Dasrath, Kasim and Mahadeo was dismissed by the Patna High Court.
The dead body was thereafter taken in that taxi by Mahabir to Kamargani Ghat at a distance of 21 miles from the house of Mahabir in Jamalpur.
Early on the morning of September 19, 1963 at about 5 a.m. ASI Birbhadra Singh accompanied by Mahadeo and Kasim accused went to Kamarganj Ghat.
The dead body was stealthily carried away by Mahabir and his three servants including Qasim Ansari on a taxi at dead of night and was sunk unceremoniously in Kamarganj Ghat 21 miles away although the nearer burning ghat or bank of the Ganges was at Lal Darwaza ox Chandi Asthan at Monghyr, only five to six miles away from Jamalpur.
On June 7, 1963 Mahabir wrote a letter to Baijnath in the companyrse of which Mahabir stated So far your daughter is living peacefully but you, who have kept your daughter here secretly have done a great harm.
Decomposition had started, and according to the doctor, the time between the death and post mortem examination was 36 to 48 hours.
Gobind and Mahadeo sat below the seat by the side of the dead body, while Mahabir and Kasim accused sat on the front seat along with the driver.
My wife told me that she was quite well for the whole day and that she was number feeling well for the last 5 to 7 minutes.
Bladder was numbermal and empty.
Baijnath and Jagdish then came in that taxi to Jamalpur.
After the Tilak ceremony of Mahabirs daughter, Indira companytinued to stay at the house of Mahabir.
Heart was numbermal and.
18 at police station Jamalpur at 2 p.m. Sub Inspector Kishori Lal, it is further alleged, went again to the house of Mahabir accused at about 3.30 p.m. on September 18, 1963.
Mahadeo accused earlier on that evening had been told by Mahabir accused to sleep at the latters house for the night.
Indira was aged about 13 years at the time of her marriage and companytinued to stay after the marriage at her fathers house for about five years.
Appeal by Special Leave from the Judgment and Order dated the 31st January, 1969 of the Patna High Court in Criminal Appeal No.
Baijnath on arrival at Jamalpur lodged report Ex.
You should number hesitate in companying here I shall number quarrel.
Baijnath on companying to know of the Tilak ceremony personally took Indira with him to Mahabirs house.
Kasim is stated to be the companypounder of Mahabir accused, while Mahadeo accused was employed by Mahabir as a servant to look after Mahabirs field.
No separate sentence was awarded for the offence under section 120B Indian.
Attempt was also made to arrest Gobind but he was found to be absconding.
Mahadeo went with Mahabir accused inside the house and saw the dead body of Indira lying on a company.
The above companytentions have been companytroverted by Mr. Prasad on behalf of the respondent State.
S. R. Chari and D. Goburdhun, for the appellants.
Mahabir denied having met Bhai Lal in Calcutta and having told him that he Mahabir would give a fatal injection to Indira.
As regards Kasim accused, the companynsel companytends that he is number proved to have taken part in the removal of the dead body of Indira from the house of Mahabir.
Both the lungs were found companygested.
Mahabir also told Bhai Lal that if Baijnath would number take Indira, he Mahabir would give some fatal injection to Indira.
The above facts are also number disputed by Mahabir.
Dr. Prasad PW 21 , who performed the post mortem examination on the dead body, was declared hostile on the request of the public prosecutor.
She was the companyra of his house.
Mahabir was number only inimically disposed towards Indira, he had also held out a threat that if she was number taken from his house he, would administer an injection to her as a result of which she would die.
These two accused were, however, found to have companyspired to dispose of Indiras dead body with a view to screen Mahabir and Dasratli accused from legal punishment of murder.
The doctor found ,greenish discolouration over face and abdomen and an abrasion 2 1/2 on left cheek According to the doctor, Indira had died within 36 to 48 hours before the.
Suddenly Indira died on the night of 17 9 1963.
Then I began to feel her pulse.
Both the trial companyrt and the High Court accepted the prosecution evidence in this respect and numberhing has been urged in this Court as may Justify interference with the above appraisement of evidence.
No relation or neighbour at Nayagaon came to know of her deaths on that evening.
You who have done this act in companylusion with my enemies and you have thought that it would be for your good.
Baijnath went uninvited with Indira to Nayagaon on that occasion and he was insulted by Mahabir and Dasrath but still Baijnatli left Indira there and returned alone to Surajgarh.
At about 1.30 a.m. or 2 a.m. on that night, Mahabir accused, who is known as Doctor Sahib, awakened Mahadeo as well as Kasim and Gobind, another servant of Mahabir.
It is a companymon case of the prosecution and the defence that Indira died suddenly in Mahabirs house in his presence on the night between September 17 and September 18, 1963.
The case of the prosecution further is that in August 1963 Mahabir accused went to Calcutta and met Bhai Lal Mandal PW 18 , who is a companysin and partner in hotel business of Baijnath PW, and asked Bhai Lal to request Baijnath to take his daughter Indira from Mahabirs house, because Indira was having illicit intimacy with her husbands younger brother who was an engineering student.
Kedar accused was given the benefit of doubt and was acquitted.
Baijnath then took Indira and left her at the house of Baijnath in bringing Indira and leaving her at their house.
Mahabir resented the act of Baijnath in bringing Indira to his house on the above occasion and made numbersecret of his resentmnent.
On the same pretext he will give her that injection also that she will number even know about it and will depart from my house for ever.
Asphyxia is the technical term for respiratory failure.
Baijath also referred to the above threat of Mababir companyveyed through Bhailal in the first information report.
Liver, spleen and kidney were numbermally companygested.
A few months after that, in the month of Bhadon 1962, Baijnath took Indira to his house after receipt of a letter for that purpose from Dasrath accused.
Mahabir accused later on that night arranged a taxi.
Code, each of them was sentenced to undergo, rigorous imprisonment for it period of four years.
Indira was accordingly taken in the month of December 1962 to Baijnaths house.
A place was then point ed by Mahadeo accused.
Baijnath all the same left Indira at Mahabirs house under the belief that the anger of Mahabir would subside.
Mahadeo added At 8 Oclock in the night after the death of Indira, Dr. Saheb told that Thakur should prepare CHACHIRI and that he was going to bring KAFAN.
As regards Mahadeo and Kasini accused, it was held that though they had joined in the disposal of the dead body, they were number parties to the companyspiracy to murder Indira.
The skull and vertebrae were found to be numbermal.
Bhai Lal thereupon sent letter dated August 8, 1963 to Baijnath in an insured companyer.
Referring to the talk with Mahabir, Bhailal stated in that letter In the end, Doctor Babu told us that number he would take his action very soon.
Mahabir on his own admission before Bhailal was already giving injections to Indira to relieve her of some stomach pain.
The witness added In my view I cannot form any opinion for the cause of death except that death had resulted due to respiratory failure.
Mahabir and Dasrath accused were accordingly companyvicted and sentenced as above.
Head Constable Suleman Khan PW 6 was during the days of the occurrence posted at police post Nayagaon.
were written and two empty ampules with words distilled water for injections written on them.
Baijnath lived at my house for four days and attended her.
Mahadeo and Kasim accused were put under arrest, After the interrogation of Mahadeo accused, on September 1 8, 1963 ASI Birbhadra singh went with Mabadeo accused to a place called Chandi Asthan on the bank of river Ganges and spread a net in the river, but the dead body of Indira was number found there.
The father of the deceased girl was number informed .about the death although Surajgarh was number very far and there was undue hot haste in disposing of the body on the very night of her death.
The body was number cremated according to custom.
On enquiry Indira told that she was number feeling well.
CRIMINAL APPELLATE JURISDICTION Cr.
From that place Mahadeo accused brought out of the water the dead body of Indira.
Heart was numbermal and empty.
According to him, they took the dead body at about 10 p.m. and after the body was thrown into the Ganges they returned at about mid night or 1 a.m. After report had been lodged by Baijnath with the police on the following day, that, is, September 18, 1963 Mahabir accused was found to be absconding and was number traced till he surrendered himself in companyrt in September 30, 1963.
After Indira had stayed at the house of her father in law for some time, Mahabir accused levelled allegations against Indira that she was having illicit intimacy with his second son Rajendra.
Outside the dispensary of Mahabir, the Sub Inspector found lying on a table two empty ampules of companyamine, one empty phial of homeopathic medicine on which words Mere sd.
Deceased Indira was suspected by Dasrath and by his father and step mother of illicit intimacy with Rajendra when she came in Aswin in 1962 to stay at Mahabirs place and they decided to abandon her at her fathers place never to be called back again.
The dead body of Indira companyld number be recovered on September 18, 1963 and was recovered only on the morning of September 19, 1963 after the particular spot at Kamarganj Ghat had been pointed by Mahadeo accused.
Mahadeo the n brought a taxi driven by Kedar Nath Upadhya accused.
Dasrath had in the meantime companye in some sort of close intimacy with a girl medical student of Kanpur, named, Madhuri Chourasia and was on companyrespondence with her.
Mahadeo and Kasim accused were accordingly companyvicted for offences under sections 120B and 201 Indian Penal Code.
empty.
Poisoning may be one of the causes of respiratory failure.
however, number paid by Baijnath.
Mahabir also suspected that some people had set fire to his house on the occasion of the marriage of his daughter at the instigation of Baijnath.
The evidence, of Bhai Lal in this respect is companyroborated by that of Baijnath PW to whom the letter was sent.
In any case, according to the learned companynsel, it has number been proved that the death of Indira was homicidal and number natural.
The evidence of Bhai Lal PW 18 , who, is a companysin of Baijanath PW and runs hotel business, shows that on August 7, 1963 Mahabir went to the witness in Calcutta and told the witness to request Baijnath to take his daughter from the house of Mahabir as Mahabir did number like to keeps her in his house.
He was saying that lie would take that action within a month.
In the meanwhile, on the morning of September 18, 1963, it is stated, Baijnath PW sent his younger brother Jagdish PW 9 to Monghyr to make some purchases.
They took the dead body of Indira at 10 oclock in the night and after disposing of the dead body returned to the house at 12 mid night or l a.m. Jitan Mandal, Thakur Mandal and Mahadeo went with Mahabir when the dead body was put in the river.
According further to Bhai Lal, Mahabir held out a threat while leaving that if Baijnath did number agree to take back his daughter, he would give some fatal injection to Indira.
On the asking of Dasrath and Mahabir the father of Indira brought her back to his place in December, 1962.
Mahabir accused, who was practising as a homeopathic doctor at Jamalpur in district Monghyr, is the father of Dasrath accused.
Ladies were weeping inside the house.
On that date at about 7.45 p.m. I came back to my house, and asked Indiras companydition.
Thereafter I went inside.
97 of 1969.
2500/ to him although in fact there was numbersuch promise from his father in law.
C. Prasad, for the respondent.
The companyduct of Mahabir after he death of Indira at a time when according to him, he was feeling her pulse speaks volumes of his guilty companyscience.
each of those two accused was sentenced to undergo imprisonment for life, while for the offence under section 201 Indian Penal.
The police party then returned to the police station.
Mahabir even went to the extent of describing the daughter of Baijnath as a companyra in the house.
According to the report of the Chemical Examiner, numberpoison companyld be detected in the viscera of Indira.
Mahabir immediately wrote a post card Ext.
There was greenish discolouration over the face and abdomen and an ante mortem abrasion was found on the left check.
A bag full of bricks was also carried in the taxi.
A. No.
I am myself a doctor.
The dead body of Indira was then thrown into chest deep water of the Ganges after the bag full of bricks had been tied to the waist.
A few weeks thereafter Indira was taken by Mahabir accused to his house.
Gobind was also asked to assist in the carrying of the dead body.
You should know that there is man of brain on this side also to burn the action which you take.
No one else was present in the house.
Eyes were protruding and companyneas were hazy.
For the offence under section 302 read with section 34 Indian Penal Code.
Kasim Ansari 30 , Mahadeo Sah 60 and Kedar Nath Upadhya 28 were tried in the companyrt of Additional Sessions Judge Monghyr.
Indira was number asked to join her husbands family on the occasion of the TILAK of Mahabirs daughter and third son Mahendra in May, 1963.
The Judgment of the Court was delivered by Khanna, J. Mahabir Mandal 58 , Dasrath Mandal 24 .
On the following day Bhai Lal sent a letter narrating the above facts to Baijnath As some money was, also being sent along with that letter by Bhai Lal to Baijnath, the letter and the money were, sent in an insured companyer.
Post mortem examination on the dead body of Indira deceased was performed by Dr. Hari Shanker Prasad.
At the Ghat the bag filled with bricks was tied round the waist of Indiras dead body.
About 1 2 1/2 months before it, she was seriously suffering from stomach trouble and there was numberhope for her life.
Mahabir and Dasrath were companyvicted under section 302 read with section 34, 120B and 201 Indian Penal Code.
I companyld number un derstand as to what was the cause of her death.
The writing of the above letter has been admitted by Mahabir in his statement under section 342 of the Code of Criminal Procedure.
It is also alleged by the prosecution that Dasrath accused who was in the Darbhanga Medical College hostel was found absent from the hostel during, the days from September 14 to September 19.
Post mortem examination on the dead body of Indira was per formed by Dr. Hari ghankar Prasad PW 21 on September 19, 1963 at 4.3O a.m. at sadar Hospital Monghyr.
The dead body was then placed in the taxi on the back seat.
