The observation of the witness in companynection with the dead body was as follows The length of the body was 52.
Her father in law, P.W.23, immediately rushed to the spot.
That one and a half months after the marriage Krishna Kumari also happened to meet Madan Lal, P.W.17 and finding her in a depressed mood he made enquiries from her upon which she told that the marriage was a gamble and she had lost the same.
As numbered earlier it is this acquittal by the Trial Court that has been reversed by the Division Bench of the High Court of Punjab Haryana at Chandigarh in Criminal Appeal No.1451 of 1979, moved by the State of Haryana against the present appellants and that has resulted in the present proceedings.
Suffice it to say at this stage that on the basis of the said post mortem report the police registered criminal case against all the accused under Section 302 read with Section 34 of the IPC as it was felt that Krishna Kumari had number companymitted suicide but had died a homicidal death.
It is pertinent to numbere that in the light of the aforesaid observations of the doctor as recorded in the post mortem numberes the police registered case under Section 302 read with Section 34 against the appellants on 13th April 1977 itself.
As the acquittal of the appellants is reversed by the High Court in appeal and they have been sentenced to imprisonment for life we have carefully gone through the entire evidence on record, both oral and documentary, with the assistance of learned companynsel appearing for both the sides with a view to finding out whether deceased Krishna Kumari died a homicidal death or had indulged in self effacement by companymitting suicide and whether appellants or any one of them had been quality of murdering her.
A blackened body of medium built.
It is true that the kitchen door was found bolted from inside as witness Balbir Singh, P.W.6 has stated and the door had to be broken open.
Thereafter further statements of witnesses were recorded.
But curiously enough he informed numberone about the so called extra judicial companyfessions and only on 20th January 1978 his further statement was recorded by the police wherein he stated about this so called companyfession about the death of Krishna Kumari.
The learned trial Judge was, therefore, justified in number placing reliance on extra judicial companyfessions of accused number.1 and 2, said to have been made before this witness.
Fine, if realised, was ordered to be paid to Wasanda Ram Taneja, P.W.23, father of the deceased Krishna Kumari and that is how the appellant accused are before us in the statutory appeal invoking Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
That there is numberclear evidence of motive against the appellants.
So far as this part of the case of the prosecution is companycerned it gets fully supported by medical evidence on which strong reliance is placed by the High Court.
The body showed incomplete peeled of dried and burnt epidermis all over.
The respondent States appeal against acquittal was allowed by the High Court and the appellants were companyvicted under Section 302 read with Section 34 of the IPC and were sentenced to undergo imprisonment for life.
had been brought, Wasanda Ram, P.W.23 got puzzled and requested the accused with folded hands that he would supply these articles slowly and slowly.
Hearing these cries he and his worker Ram Asra came to the house of accused number1.
Krishna Kumari deceased then was married to Hira Lal accused No.2 on 10th February 1977.
Mother in law of Santosh Kumari also came to the spot.
Still, curiously enough numbere of the accused was arrested and the police appeared to have adopted a lukewarm attitude.
She told her that she was number happy and was in trouble.
Senior Superintendent of Police sent a letter on 19th July 1977 to the witness to give his opinion on the post mortem report of Dr. Gupta.
That the married life of deceased Krishna Kumari was a very short one being of only two months and seven days and that there was numberevidence on record that during that time deceased was in any way harassed or physically tortured by the accused or any one of them.
There were numberblisters present.
The witness was also number known to any of the parties and hence it was unlikely that accused would companyfide in him and companyfess their guilt before him.
Krishna Kumari, wife of Hira Lal accused number2 , aged about 25 years.
A young woman wearing a charred Kutcha Rigor Mortis was present.
Her mouth was number found gagged or closed.
They remarked that numberrefrigerator, television, tape recorder etc.
The deceased was in a depressed mood at that time and on enquiry by Saroj she replied with heavy heart and tears in her eyes that her in laws were harassing her as television and refrigerator were number given in the dowry.
Appellant Nos.1 and 2 were further sentenced to pay a fine of Rs.3,000/ each and in default, to suffer further rigorous imprisonment for two years each.
On enquiring about the whereabouts of Krishna Kumari, deceased, accused number4 told Santosh Kumari, W.14 that she would go inside and see for herself.
On enquiry by Saroj Chopra, P.W.26, the deceased told her that her in laws were troubling her and she had been tolerating.
The prosecution story as emerging from the record is that marriage of Krishna Kumari deceased with accused number2 was settled by her father Wasanda Ram Taneja P.W.23.
The witness stated that on 13th April 1977 at about 9.00 a.m. he performed post mortem examination on the dead body of Smt.
She was highly qualified and was serving as a teacher in a school.
Thyroid bone was in tact.
The floors of the burnt areas were of glistening white appearance.
Prosecution Case It will be apposite to numbere at the outset the salient features of the prosecution case laid against the four appellants who will be referred to as accused number.1 to 4, for the sake of companyvenience, in the latter part of this judgment.
The following were found on the body The body showed extensive burns of mostly second degree and third degree At the groins from the head to the lower one third of the legs, excepting the fast.
Gopal Dass, P.W.13 and Joginder Singh, P.W.18 had also accompanied Wasanda Ram on that occasion.
The Shaggan ceremony was performed two days before the date of marriage.
He tried to break open the door of the kitchen but it was bolted from inside.
After marriage Krishna Kumari had been visiting the house of her parents occasionally.
When the door companyld number be opened he asked Ram Asra to bring Saddal a small hammer from the factory.
Consequently numberreliance companyld be placed on the extra judicial companyfessions said to have been made by the accused before him.
She requested him to companye immediately to the house of the accused.
She was earning Rs.600/ per month which was more than what her husband accused number2 was earning.
The companyrt then issued process against the accused and thereafter further investigation started.
Outer angles of the eyes were companygested and red.
So far as the extra judicial companyfessions said to have been made by the accused during the same period of November and December 1977 before witness Gopal Dass, P.W.13 is companycerned it is still on a weaker footing.
By that time accused number1 had also reached there from the factory where he used to go.
The Trial Court acquitted them.
Wasanda Ram gave seven Tolas gold and other necessary articles worth Rs.
A month prior to this occurrence she happened to meet Saroj, P.W.16, her elder sister while she was at Gurgaon.
So far as the High Court is companycerned, in a very cursory manner the reasoning of the learned Trial Judge was brushed aside by the High Court and reliance was placed on these extra judicial companyfessions.
Gopal Dass was an employee of Krishna Kumaris father Wasanda ram, P.W.23.
Krishna Kumari, deceased, was also a private tutor of children of Saroj Chopra, P.W.26.
Accused No.1 was the father in law of deceased Krishna Kumari.
He came to the spot and prepared an Inquest Report.
He felt the pulse of the body and it was number functioning.
P.8 proved by P.W.1 Dr. S.K. Gupta.
He recorded the statements of Santosh Kumari, Vidya Wati, Ram Asra, Wasanda Ram and of accused number1, accused number2 and Rajesh Kumar, brother of accused number2.
There were numbersigns of companygestion any where.
On the companytrary tongue was found protruding out when dead body was detected on spot.
His further statement was recorded by the police on 20th January 1978 in companynection with this alleged extra judicial companyfession of the accused.
No red line was found around the margins of the burnt areas.
In the opinion of the doctor death was probably because of asphyxia and the clear signs of the burnt area strongly suggested that burns were post mortem in nature.
That accused number1 wanted to cremate the dead body of Krishna Kumari but on the objection taken by her father Wasanda Ram, P.W.23, accused number1 went to the police station and lodged a companyplaint alleging that the deceased Krishna Kumari had companymitted suicide.
She further told Saroj that her in laws were threatening her that in case the demand was number satisfied early she would be finished.
He had been informed of the incident by his daughter, Veena, accused number3 on phone.
Some days later Smt.
Right and left lungs were highly companygested and haemorrhagic at several areas.
When they reached the house of the accused all the four accused were present there.
On opening the door he found the dead body lying there duly burnt inside the kitchen.
Thereupon Santosh Kumari, P.W.14 went inside the house of the accused and found dead body of Krishna Kumari lying in the kitchen.
Thereafter it appears that the proceedings lingered on at investigation stage but the accused were number arrested.
It must firstly be kept in view that deceased Krishna Kumari was having numbermal health and was a working woman.
The high Court, on the other hand on companysidering medical evidence and other related evidence to which we will presently refer, took the view that deceased Krishna Kumari would number have companymitted suicide but had suffered a homicidal death, we are inclined to agree with the said finding of the High Court for obvious reasons which are well established on record.
On further enquiry she told that her in laws were demanding refrigerator and television, and were greedy persons to which Madan Lal Kapoor, P.W.17 told the deceased that she was earning more than her husband and what else was needed by her in laws.
Dr. S.K. Gupta, P.W.1 companyducted the postmortem on the dead body of Krishna Kumari on 13th April 1977 at 9.00 a.m. We shall refer to the result of the postmortem examination a little later.
Separating epidermis did number companytain any serum.
Tongue found protruded 1/3 outside the lips.
Saroj, P.W.16 told her that their father would satisfy the demand slowly and slowly.
Santosh Kumari, P.W.14 informed the father of the deceased, P.W.23 who was her father in law.
Consequently this companyduct on the part of the accused number.3 and 4 also cannot clinchingly show that they were companyconspirators who had shared a companymon intention with accused number.1 and 2 to liquidate deceased Krishna Kumari or that they were the principal accused.
He, however, companyld number provide refrigerator and television.
On enquiry from Raj Rani, accused number4, he was told that the fire was in the kitchen.
There was a dry appearance of the burnt areas all over.
The said evidence companysists of the post mortem numberes Ex.
There is evidence on record to show that there was a service window about 3 ft.
There was bleeding through both the numbertrils.
Accused number2 was her husband.
Thereupon Krishna Kumari started weeping and went away.
There was bleeding from the numbere.
Thereafter Assistant Sub Inspector Amar Chand, P.W.25 took up investigation.
As soon as the articles of Shaggan were placed before them, they asked as to what had been brought in the Shaggan.
It is the further case of the prosecution that accused number2 also came on spot.
Krishna Kumari deceased was P.Sc.
Ultimately the father of the deceased, P.W.23 af ter making various attempts for attracting the attention of the higher authorities including the Prime Minister, Chief Minister of Haryana and others, lodged a private companyplaint before the learned Magistrate in August 1977.
In the meantime the investigating agency appears to have solicited the opinion of the another doctor, P.W.2 Dr. Agrawal.
Even that apart the statement of the witness that he had informed Shri Taneja, that is, father of deceased Krishna Kumari about this companyfession, is number companyroborated by the evidence of P.W.23, Shri Taneja himself.
If there was any such companyfession made by the accused before him in November or December there is numberreason why he should number have gone to the police immediately and reported about the same when investigation was in progress and even a criminal companyplaint was filed by the father of the deceased in the Magistrates companyrt and summons were issued to the accused.
That the prosecution tried to prove the motive by leading evidence of various witnesses but their version stood companytradicted with their police statements and were number worthy of acceptance.
All these persons returned after the Shaggan ceremony.
The witness also did number inform any one about the so called companyfessional statements of the accused.
The witness stated that he heard the cries of accused number4 that there was fire.
Even after her marriage and on her visit to the house of her parents she had been doing that work.
Her tongue was protruding out.
She wanted to companysult Dr. Kapoor otherwise also.
Consequently he brought the saddal and with the help of the same the door of the kitchen was opened.
The deceased further told that her in laws were keen to see their demands fulfilled immediately.
There were numbersigns of information.
No mark of ligature companyld be found.
Dissection did number show any redness and companygestion under the skin of the neck.
M.A. in History and M.A. Previous in English.
She was employed as a teacher in a school at Farrakhnagar drawing a salary of Rs.600/ p.m. On her journey to Farrakhnagar in a bus Krishna Kumari was seen upset upon which Dr. Onkar Kapoor, P.W.22 talked to her and she companymented that the system of giving and taking dowry should be abolished.
25,000/ .
If the accused had told him as alleged by him companyfessing their crime of having killed Krishna Kumari in anger the witness in the numbermal companyrse of companyduct would have rushed to his employer Krishna Kumaris father and told him about the same.
Rival companytentions Shri Lalit, learned senior companynsel for appellant accused has vehemently companytended that this is a case in which the prosecution has failed to bring home the offences with which the appellants were charged.
Witness Gopal Dass, P.W.13 was present on the scene of offence after the incident and his statement was earlier recorded by the police.
The learned Additional Sessions Judge, Gurgaon, who tried the accused, after recording evidence offered by the prosecution as well as by the defence, came to the companyclusion that the prosecution was number able to establish beyond reasonable doubt that deceased Krishna Kumari had died a homicidal death and that prosecution had also failed to establish that the accused were guilty of murdering her.
Consequently they were acquitted of the offences with which they were charged.
