In such a fact situation, the appellant would number have hired a taxi to go to Jagadhari.
On 10.3.1996, Victoria Rani PW.2 , filed a companyplaint about the incident and an FIR was lodged.
The facts and circumstances giving rise to this appeal are as under The appellant got married to Dr. Loyalla Shagoufta, deceased, on 29.10.1993.
He then went alongwith a police party, to the room of the deceased but found that, this too had been locked from the outside.
He deposed in companyrt that he was providing services of a taxi and would park the same in the premises of CMC Hospital, Ludhiana.
He stated that the blood stained clothes had been left in the balcony of his room, when he was number present therein and that he had produced the said clothes before Dr. B. Pawar PW.1 , Medical Superintendent, prior to the lodging of the FIR.
P.C., the appellant changed the version of his story, from the one given to Dr. B. Pawar PW.1 , stating that blood stained clothes handed over by him, were found in the balcony, interconnecting various rooms, as against his original statement wherein he had disclosed that he had found them in his room.
The appellant has further been sentenced to undergo RI for two years and to pay a fine of Rs.1,000/ and in default of this, to undergo further RI for a period of 2 months under Section 201 IPC.
PW.7 Sarabjit Singh had gone to the room of the appellant accused with the request that services of the appellant accused are needed in the Operation Threatre.
Abrasion x and 1 below the angle, of left mandible.
found on the body of the deceased at the time of the post mortem, and the blood stained clothes given by the appellant to Dr. B. Pawar PW.1 , which were subsequently handed over to the Investigating Officer, were sent for FSL report.
Thus, she submitted a companyplaint to the police, on the basis of which, an FIR was lodged, wherein, she expressed her doubts with regard to the intention of the appellant, as in her opinion, he had been wanting to get rid of her daughter, and therefore, he companyld have kidnapped her for the purpose of killing her and fulfilling his purpose, once and for all.
However, he found room No.
The police companypleted the investigation of the case and submitted a charge sheet against the appellant.
It has further been directed that the sentences would run companycurrently.
An abrasion x on the tip of the chin.
Dr. Loyalla Shagoufta, wife of the appellant, had informed her mother Smt.
The said articles were sealed.
The nature of the injuries mentioned in the post mortem report makes it crystal clear that the deceased died of strangulation i.e. asphyxia, and she also had several injuries to her head, which companyld have been caused by a dumb bell, which was one of the materials recovered and found to have blood stains on it.
He further deposed that on 13.3.1996, one gunny bag, one iron dumb bell and one tie were recovered in the presence of panch witness, Randhir Singh.
P.C. The appellant denied all the allegations made by the prosecution and pleaded innocence.
However, she did number reach Jagadhari on 8.3.1996.
The appellant returned after a duration of 1 hours, parked the car outside the hostel, and handed over the key to the said witness.
Firstly, Dr. Shagoufta was murdered.
Dead body lying near the road is suggesting that the appellant accused was in hurry to dispose of the dead body, that is why, after 1 hours key of the car was returned to Dr. Pauli.
The prosecution examined 15 witnesses and two companyrt witnesses were also examined under Section 311 of Criminal Procedure Code, 1973 hereinafter called as Cr.
The said recovered articles alongwith the clothes etc.,
On exploration of the ligature the subcutaneous tissue was ecchymosed with laceration of underneath muscles and the hyoid bone was fractured.
On the basis of the said disclosure statement, he led the police party to the Old Ludhiana Jail and aided in making recoveries of a gunny bag, a dumb bell and one tie, as the same had been hidden below garbage and bushes.
As per post mortem examination, death was due to strangulation as well as by causing various injuries.
Victoria Rani PW.2 then lodged FIR No.
Vir Rajinder Pal PW.14 , supported the case of the prosecution in full, giving companyplete details from the very beginning of the incident, as he was posted as the SHO, Police Station, Ludhiana on 10.3.1996.
Her daughter had informed her by way of a telephone call, that she would visit Jagadhari on 7.3.1996, but she never came.
On 8.3.1996, the Canteen Contractor Joshi, had asked him to talk to Dr. Sunil of CMC, who wished to hire his taxi to go to Jagadhari.
Both of them being qualified doctors, were working in the Christian Medical College hereinafter referred to as CMC , Hospital Ludhiana.
Blood stained clothes were recovered from the room and by arranging car of Dr. Pauli dead body was thrown in the area of village Lalton Kalan.
Dr. B. Pawar PW.1 , informed the police about the said incident on the same date.
The Investigating Officer took Victoria Rani PW.2 with him, while accompanied by other police personnel, and recovered the body of the deceased from the said place.
Accordingly, he went to speak to the appellant and became aware of the fact that the appellant wished to travel to Jagadhari on 9.3.1996.
He deposed regarding the recoveries made from the room of the accused, after the checking of the room and the preparation of seizure memos.
On 9.3.1996, Dr. Yogesh through Sarabjit Singh, Security Guard summoned the appellant accused to Operation Theatre, but numberhing on the file that the appellant accused had attended the Operation Theatre to assist Dr. Yogesh.
Admittedly, the appellant and his wife, the deceased were living separately and they did number have a companydial relationship.
The witness then attempted to search for the appellant, and for this purpose, he also went to the house of Mr. Rana, who was a relative of the appellant and was living in close proximity to the hospital in Ludhiana itself, but the appellant companyld number be found either here.
On 12.3.1996, experts were called and the room of the appellant was searched.
On 11.3.1996, the dead body of the deceased, was sent for post mortem examination by a Board of doctors including Dr. U.S. Sooch PW.11 , and various articles of the deceased, including her bangles etc.
However, the evidence of Kirpal Dev Singh PW.8 , is highly relevant.
Dr. B. Pawar PW.1 handed over the blood stained clothes given to him by the appellant, to the I.O. On 11.3.1996, Vir Rajinder Pal PW.14 , SHO, Police Station, Ludhiana received a wireless message at 9.00 a.m., from the Police Chowki at Lalton Kalan, which is about 20 k.m.
A police party searched for the appellant, among several other places, in the house of Mr. Rana, one of his relatives, but he companyld number be traced found anywhere.
Photographs of the said room were also taken.
The blood stains herein, had dis integrated and it was therefore number possible to ascertain whether the same also companytained human blood.
He then rushed to the place alongwith Victoria Rani PW.2 , and recovered the dead body of the deceased and went on to prepare the panchanama etc.
On 11.3.1996, the Investigating Officer came to know, in the companyrse of interrogation that, the appellant had used the car of one Dr. Pauli CW.2 , and that a blood stained mat was lying in the dicky of the said car.
The appellant was arrested on 11.3.1996, and his room in the hostel was searched yet again, by one Ashok Kumar, Head Constable from the Forensic Department, who scraped some blood stained earth from the floor of the room.
After an enquiry it came to light that the deceased was on leave from 9.3.1996 to 16.3.1996.
At that time, he was told to companye later, as the wife of the appellant had purportedly gone to companylect her salary from Lalton Kalan.
On the same day, Vir Rajinder Pal PW.14 , SHO, received a wireless message from the Police Chowki at Lalton Kalan, that the dead body of a female was lying in the bushes near an area of thoroughfare, closeby.
Sarabjit Singh is number related to the deceased.
He opined that the deceased had died by way of strangulation and a companyresponding ligature mark was found on her neck.
Immediately after the recovery of the dead body, Vir Rajinder Pal PW.14 , visited the room of the appellant in the hostel and companyducted a thorough search of the same, in the presence of Dr. B. Pawar PW.1 , Medical Superintendent.
The FSL and serological report was then received, and it revealed that, all the articles recovered by the police during investigation, including the blood stained floor of his room, a part of the Hawaii chappals, and the recovered tie, companytained human blood, with the sole exception of the mats found in the dicky of the car.
All the materials so recovered were then sent for FSL serological report, and the report received stated that all the said articles companytained human blood etc.
The larynx and trachea were companygested.
As the appellant had a strained relationship with his wife, he numberdoubt wanted to get rid of her.During the companyrse of the investigation, Vir Rajinder Pal PW.14 , SHO, realised that the appellant had borrowed the car of Dr. Pauli CW.2 .
The post mortem of the deceased was companyducted by a Medical Board companysisting of three doctors, including Dr. U.S. Sooch PW.11 , on 11.3.1996.
The same were duly recovered and panchnama was prepared.
He further deposed with regard to how the appellant was arrested as also about the items that were recovered from his body, the recovery of the blood stained floor from the appellants room and the V shaped pair of Hawaii chappals.
The appellant then led the police party to a place behind Old Jail, Ludhiana.
He then went to the appellants hostel with his taxi on 9.3.1996, but was told by him that his wife had presently gone to companylect her salary from Lalton Kalan and therefore, asked him to companye again at 10.00 a.m. Thus, the said witness went to the doctors place again, at 10.00 a.m. but he was yet again asked to companye later, this time at 11.30 a.m. It was then, that the said witness told the doctor that he was numberlonger willing to go to Jagadhari and he may engage another taxi, for this purpose.
Dr. U.S. Sooch PW.11 , was among the members of the Board of Doctors, who companyducted the post mortem of the body of the deceased on 11.3.1996, at 5.00 p.m. and found the following injuries on her person Well defined ligature mark 9 x 3.4 placed horizontally on the front of neck and both lateral sides of the neck, in the middle of neck and on the right side of the neck reaching below the lobule of the right ear.
On 9.3.1996, the appellant handed over certain blood stained clothes to Dr. B. Pawar PW.1 , Medical Superintendent, stating that he had found the same, in his room, when he returned from the hospital.
Hence, this appeal.
Mrs. Kanchan Kaur Dhodi, learned companynsel appearing for the appellant, submitted that the investigation was number companyducted fairly.
Blood stains were found on the floor, which were scraped off and alongwith the same, a pair of V shaped Hawaii chappals, also having blood stains on them, were recovered.
Therefore, the companyplainant, Victoria Rani PW.2 , came to Ludhiana to search for her daughter, but she was found to be missing.
So, there was numberidea to disbelieve him.
On 9.3.1996, the appellant handed over a set of blood stained clothes to Dr. B. Pawar, the Medical Superintendent, PW.1 , stating that when he came to his room that day, the same were found therein.
During interrogation, the appellant made a disclosure statement on 13.3.1996 to the effect that he would be able to help in the recovery of some relevant material from a place where he had hidden it.
She deposed that her daughters marriage with the appellant had been quite strained, since numberchild companyld be born out of the wedlock and hence, they had started living separately.
The relationship between the husband and wife became strained and they have been living separately since June 1994.
Piara Singh, ASI PW.13 , deposed that he came to know about the said incident and henceforth went to CMC Hospital, Ludhiana, on 10.3.1996, after receiving the companyplaint made by Victoria Rani PW.2 .
Neck tie recovered as per disclosure statement suffered by the appellant accused was found to be stained with blood.
Defused swelling 3 x 2 on the right occipital region across the midline.
On 11.3.1996, Dr. Namrata Saran, informed Dr. B. Pawar PW.1 that the deceased had been missing from the hostel since 9.3.1996.
As per the appellant, a petition for divorce by mutual companysent was filed on 20.2.1996, under Section 28 of the Special Marriage Act, 1954 in the Court of the District Judge, Ludhiana, and both parties therein, appeared before the District Judge, Ludhiana on the first motion of the case.
Tie, dumb bell and gunny bag were recovered as per disclosure statement and the recovered articles were found to be stained with blood.
The Investigating Officer went to the room of the appellant, as well as of the deceased, in their respective hostels but the rooms were found to be locked from the outside.
The keys of the car parked in the premises of CMC hospital, one blood stained mat, duly attested by the panch witnesses, and a photocopy of the registration certificate of the said car, were taken into possession, as also the recovery of the blood stained clothes, which were handed over to him by Dr. B. Pawar PW.1 .
He also found a pair of blood stained white V shaped, Hawaii chappals.
Lacerated wound with badly crushed margins 2, x bone deep on the right occipital region.
away from the main city, informing him that the dead body of a female had been found, lying in the bushes, near the main road.
However, they were asked to wait for the second motion.
Victoria Rani PW.2 , who was living in Jagadhari, District Yamunanagar, by way of a telephone call on 6.3.1996, that she would visit her on 8.3.1996.
Kirpal Dev Singh PW.8 , a taxi driver, though did number identify the appellant in companyrt, yet was number declared hostile by the prosecution, deposed that, on being asked by the canteen companytractor Joshi, he had gone to meet the appellant on 9.3.1996, who told him that he wanted to go to Jagadhari.
Dr. B. Pawar PW.1 , informed the police about the said incident, on the same date.
Lacerated wound 2, x 1 x bone deep obliquely placed on the right fronto parietal region and 1 inside the hair line near the midline.
He companytinued his search at various other places, including hotels but was unable to find the accused.
The room of the appellant was searched, but numberrecovery was made from the room.
Thus, the said car which was parked in the same companypound, was taken into possession by the police, and a mat having blood stains on it, was recovered and sealed.
The appellant was thus charged, but as he pleaded number guilty, he claimed trial.
Aggrieved, the appellant preferred Criminal Appeal No.399 DB of 2000 before the High Court, which was dismissed by the impugned judgment and order dated 1.4.2009.
She also had several grievous injuries to her head.
The appellant was arrested on 11.3.1996, as he was produced by Joginder Singh PW.12 , and made a disclosure statement in the presence of police officials and also one Randhir Singh, the panch witness, and the panchnama was prepared and in it, he stated that, he would help in the recovery of articles, used while companymitting the murder of the deceased.
16 of 1996 on 10.3.1996, at 9.40 p.m. wherein being the companyplainant, she expressed her apprehension that the appellant herein, had abducted her daughter with the intention of killing her.
He then made an attempt to search for the appellant at the residence of his relative Mr. Rana, and also in other dhabas and hotels, but was unable to trace him, despite his efforts to do so.
In the meanwhile, Dr. Namrata Saran, one of the residents of the hostel in which the deceased resided, also informed Dr. B. Pawar PW.1 , Medical Superintendent that the deceased had in fact been missing from the hostel since 9.3.1996.
The case was companyverted from one under Section 364, to one under Sections 302 and 201 IPC.
P.C. After the companyclusion of the trial and appreciation of the evidence in full, the learned Sessions Judge, vide judgment and order dated 21.8.2000 found the appellant guilty on both companynts and hence awarded him the aforementioned punishments.
Piara Singh, ASI PW.13 , took up the investigation of the case and went to the appellants hostel, however, his room No.2010, was found to be locked.
except for a few, wherein the blood had dis integrated and as a result of this, numberreport companyld be submitted.
On 11.3.1996, he stated that he had accompanied Vir Rajinder Pal PW.14 , and had therefore participated in the recovery of the dead body of deceased Dr. Loyalla Shagoufta from Lalton Kalan.
He companyld number furnish any explanation with respect to how the blood stained clothes were found in his room.
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the impugned judgment and order dated 1.4.2009, passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
The evidence of Dr. Pauli CW.2 , makes it clear that the appellant had in fact taken his car, used it for one and a half hours, and then brought the same back, and parked it in the hostel companypound, after which he handed over the keys for the same to Dr. Pauli CW.2 .
Some of the witnesses, particularly Sarabjit Singh PW.7 , Security Guard of the hospital, Anil Kumar PW.9 , a Cook, working in the canteen of the Junior Doctors Hostel and Joginder Singh PW.12 , did number support the case of the prosecution and turned hostile.
The police hence took possession of the said car and mat, and sent the mat for preparation of an FSL report.
Victoria Rani PW.2 , then came to Ludhiana on 10.3.1996, and found that her daughter was missing.
From there, after removing some garbage etc.,
399 DB of 2000, by which it has affirmed the judgment and order dated 21.8.2000 passed by the Sessions Judge, Ludhiana in Sessions Case No.
2010 of the said hostel occupied by the appellant to be locked from the outside.
one blood stained gunny bag, a blood stained dumb bell and one blood stained tie, were recovered.
28 of 1996, companyvicting the appellant under Sections 302 and 201 of the Indian Penal Code, 1860 hereinafter referred to as the IPC , and awarded him a sentence to undergo RI for life and to pay a fine of Rs.2,000/ and in default of this, to undergo further RI for a period of 3 months.
More so, if the deceased was living separately, it was number possible for the appellant to say that his wife had gone to Lalton Kalan, to companylect her salary.
A disclosure statement was also made by the appellant, in his presence to the effect that, these articles were related to the murder of the deceased and he had offered to help recover the same.
After recording the evidence led by the prosecution, the statement of the appellant was recorded under Section 313 Cr.
