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PETITIONER:

MULAKH RAJ ETC.

Vs.

RESPONDENT:

SATISH KUMAR AND OTHERS

DATE OF JUDGMENT10/04/1992

BENCH:

RAMASWAMY, K.

BENCH:

RAMASWAMY, K.

KULDIP SINGH (J)

CITATION:

1992 AIR 1175 1992 SCR (2) 484

1992 SCC (3) 43 JT 1992 (2) 554

1992 SCALE (1)804

ACT:

Criminal Law :

Indian Penal Code, 1860: Sections 302 and 201-Death of

wife-Strangulation and destruction of dead body by burning

to destroy evidence-Sessions Court convicting husband on the

basis of post-mortem report and medical and other

circumstantial evidence-Acquittal by High Court-Whether

justified-Symptoms on dead body showing death due to

pressure on neck-Medical evidence revealing ante-mortem

strangulation and 95% post-mortem burn injuries-Doctor's

evidence clear, cogent, truthful, reliable and conclusively

establishing death due to asphysxia, and consistent with

medical jurisprudence-Circumstantial evidence connecting

husband-accused with the crime-Hence death homicide and not

suicide-High Court not justified in reversing Court's

conviction of husband-Accused.

Criminal Trial

Murder of wife-Motive-Proof-Absence of-Whether material

when facts are clear-Whether breaks the link in the chain of

circumstances connecting husband accused with the crime.

Murder of wife and destruction of evidence-Suspicion

that someone amongst parents and brother of husband-accused

might have facilitated accused to screen evidence-Whether a

substitute for proof-Acquittal of these accused-Whether

proper.

Medical Jurisprudence :

Ante-mortem and post-mortem burn injuries-Distinction

between.

HEADNOTE:

The first respondent, his brother and parents were

charged under Section 302 read with section 34 and section

201 I.P.C. for the murder of first respondent's wife and

screening of evidence.

485

After seventeen months of marriage of the deceased with

the first respondent, PW.15, deceased's brother received a

telegram that his sister had died. Immediately, the same

night at 9.00 P.M., he came to the first respondent's place

and found that his sister was dead. He alleged that the

first respondent had made extra judicial confession that the

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deceased was strangulated for not getting the dowry of their

demand, and that she was burnt to destroy the evidence and

sought pardon of him. He sent for his people. A

compromise was mooted to which he was not agreeable. A

complaint was lodged with the police the next day. PW.1,

the doctor, held the autopsy and found that the death was

due to asphyxia.

The prosecution adduced evidence of PWs. 9 and 15 for

the motive of demand for more dowry, extra judicial

confession of first respondent, said to have been made to

PW.15 that the deceased was strangulated, for not getting

dowry of their demand and burnt to destroy evidence, and

recoveries etc.

PW.1, the Doctor, who conducted post-mortem in his

evidence stated that the deceased died due to asphyxia, as a

result of strangulation, which was ante-mortem and

sufficient to cause death in the ordinary course of nature,

and that burn injuries were 95 per cent, on the entire body

except on the feet, and these were post-mortem.

The Sessions Judge disbelieved the extra judicial

confession spoken to be PW.15 and others, but accepted the

evidence of PW.1 and other circumstantial evidence and found

that the first respondent had strangulated the deceased and

burnt the body to destroy the evidence, and convicted him

under Section 302 and 201 I.P.C. However, the Sessions

Judge acquitted the other respondents giving them benefit of

doubt. On Appeal, the High Court acquitted the first

respondent and confirmed the acquittal of the other

respondents.

Aggrieved, the brother of the deceased, the

complainant, and the State filed appeals by special leave,

before this Court.

It was contended on behalf of the respondents that

since palms were not clenched and the eyes did not protrude

but were half closed , the mouth was closed and tongue was

not protruding and the duration of death was of 5 to 10

minutes, as opined by the doctor, it was not a case of

strangulation, but suicide, that the respondents had no

motive, and in fact, the High

486

Court had found that the evidence was not sufficient to

establish motive, and the case was based on circumstantial

evidence and, therefore, motive being absent, the

prosecution had failed to establish this important link in

the chain of circumstances to connect the accused, and that

the evidence of DW.4., and the statement of first respondent

under Section 313 Cr.P.C. clearly established that the

respondent was not at home when the occurrence had taken

place.

Allowing the appeals, partly, this Court,

HELD : 1.1 In a case founded on circumstantial evidence

the prosecution must prove all the circumstances connecting

unbroken chain of links leading to only one inference that

the accused committed the crime. If any other reasonable

hypothesis of the innocence of the accused can be inferred

from the proved circumstances, the accused would be entitled

to the benefit. What is required is not the quantitative

but qualitative, reliable and probable circumstances to

complete the chain connecting the accused with the crime. If

the conduct of the accused in relation to the crime comes

into question the previous and subsequent conduct are also

relevant facts. Therefore, the absence of ordinary course

of conduct of the accused and human probabilities of the

case also would be relevant. The court must weight the

evidence of the cumulative effect of the circumstances and

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if it reaches the conclusion that the accused committed the

crime, the charge must be held proved and the conviction and

sentence would follow.

[491F-H, 492A]

1.2 Undoubtedly, in cases of circumstantial evidences

motive bears important significance. Motive always locks up

in the mind of the accused and some time it is difficult to

unlock. People do not act wholly without motive. The

failure to discover the motive of an offence does not

signify its non-existence. The failure to prove motive is

not fatal as a matter of law. Proof of motive is never

indispensable for conviction. When facts are clear it is

immaterial that motive has been proved. Therefore, absence

of proof of motive does not break the link in the chain of

circumstances connecting the accused with the crime, nor

militates against the prosecution case. [498H, 499A]

1.3 In the instant case, it is clearly established that

the deceased aged about 22 years, was exterminated hardly

one year and five months after the marriage. As per

doctor's evidence, she died of asphyxia, as a

487

result of strangulation, and that 95% post-mortem burn

injuries were found over the dead body except the feet. He

positively ruled out the theory of alternatives or suicide.

[491E-E]

1.4 A study of medical jurisprudence establishes that

the symptoms found at post-mortem are not uniform but

variable depending on the compression employed on the neck

and duration. It would be an inferential fact since direct

evidence would rarely be available. [497G-H]

Taylor's Principles and Practice of Medical

Jurisdrudence, Thirteenth Edition 1984 by Keith Mant, Vol.

I pps. 282, 283, 286, 287, 305; Gradwolh's Legal Medicine,

Second Edition Chapter 18, pps. 336, 337; Medical

Jurisprudence by Raju & Jhala : Chapter XXI p.226; Medical

jurisprudence and Toxicology, 13th Edn. by Modi p. 155, 156,

159 and 161 and H.W.V. Cox's Medical jurisprudence and

Toxicology by Dr. Bernard Kinght, 5th Edn. in Chapter 1 p.

207 and 213, referred to

1.5 In the instant case, all the symptoms found on the

dead body of the deceased unmistakably show that her death

was due to pressure on the neck and the findings at the

post-mortem examination recorded by the doctor and his

evidence are consistent with medical jurisprudence. The

duration of death also depends on the mode of pressure

employed and the circumstances in which constriction was

done. Doctor's evidence is clear, cogent and convincing in

his findings that the death was due to asphyxia and not due

to suicide. The doctor had meticulously done an expert and

excellent autopsy with grasp of medical jurisprudence to

establish, without any shadow of doubt, of the cause of

death of the deceased as asphyxia. [498D-E]

1.6 The evidence of PW.1, the doctor, is truthful,

reliable and acceptable. From his evidence it is now

conclusively established that the death was due to

constriction (asphyxia) and that a deliberate attempt was

made to destroy the evidence of death by pouring kerosene on

the dead body and burning the dead body extensively of 95%.

The High Court committed palapable illegality in accepting

the defence version to doubt the evidence of the doctor.

The death was, therefore, homicide and not suicide. [498E]

1.7 The evidence of DW.4, maternal uncle of the first

respondent, that the first respondent, his brother and

father were in the shop at the relevant time has to be

considered in the light of the attending circumstances and

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the conduct of the first respondent. It is established from

the

488

eivdence that the deceased and the first respondent alone

were living in the upstair's room. The occurrence took

place in the broad day time in their bed room. Admittedly,

the day of occurrence is a Sunday and that too in the

afternoon. Therefore, the shops must have been closed.

DW.2, Post Office Superintendent, examined by the defence,

categorically admitted that the handwriting of all the four

telegrams was of the same person. The first respondent

admitted that he issued two telegrams including the one to

PW.15 and the two were issued by this father. Therefore,

four telegrams were issued by the first respondent alone.

When the wife was practically charred to death, and

innocent, and compassionate husband would be in a state of

shock and would not move from the bed-side of the deceased

wife and others would attend to inform the relations. It is

also his case that he phoned to the police station and

informed of the occurrence. Evidence is other way about.

An attempt was made to have the matter compromised, but

failed. Thereafter they were found to be absconding. The

evidence of DW.4 that the first respondent was in the shop

thus gets falsified and his is a purgered evidence. This

false plea is a relevant circumstance which militates

against his innocence. The death took place on the bed room

of the spouse and the attempt to destroy the evidence of

murder by burning the dead body; the unnatural conduct of

the first respondent immediatley after the occurrence, the

false pleas of suicide and absence from house are telling

material relevant circumstances which would complete the

chain of circumstantial evidence leading to only one

conclusion that first respondent alone committed the ghastly

offence of murder of his wife, the deceased. Though the

torn pieces of the letter would indicate that she

contemplated to commit suicide, obviously it was due to

being unable to bear with the mental torture brought upon

her. She accordingly must have written, but later changed

her mind seeing the tender son in her arms and not to make

him to lose mother's care and affection. That would clearly

show that she was not being treated well. Far from being

helpful, this circumstances also is in favour of the

prosecution and against the husband showing that the

deceased was subjected to cruelty. No credence can be given

to the plea that the first respondent was not the author of

the crime and the plea that no neighbour was examined by the

investigation officer as they were not prepared to give

their statements. Therefore, the investigating officer was

helpless in collecting the evidence from the neighbours. It

is not an insurance that he was innocent. The delay in

filing F.I.R. cannot be considered fatal to the prosecution.

Admittedly, PW.15 was residing in another place. On receipt

of the telegram he rushed to the place and immediately on

seeing the dead body

489

he sent for his relations. After they come to the scene, the

F.I.R. was lodged on the next day. The delay in lodging

F.I.R. is of little significance. [499B-H, 500A-G]

1.8 The High Court did not consider the evidence in

proper perspective. The order of acquittal of the first

respondent is set aside and his conviction and the sentences

awarded by the Sessions Judge restored.

[501B]

1.9 The evidence of PWs. 15 and 9, regarding the motive

was found to be shaky by the High Court and for the

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reasoning given, it might appear to be probable. In those

circumstances the animation by the in-laws and brother-in-

law to be a privy to the ghastly murder cannot be positively

concluded. Undoubtedly, the parents and brother might be

present. They or someone amongst them might have

facilitated the first respondent to screen the evidence of

murder. Suspicion is not a substitute for proof. No proof

beyond doubt is forthcoming. Under these circumstances on

the facts of this case their acquittal is right. [500H,

501A-B]

JUDGMENT:

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal Nos.

22 to 25 of 1983.

From the Judgment and Order dated 25.11.81 of the

Punjab & Haryana High Court in Criminal Appeals Nos. 281-DB

of 1981 and 528-DB of 1981.

I.S. Goyal, Ms. Indu Malhotra and S.M. Ashri for the

Appellants.

U.R. Lalit and Prem Malhotra for the Respondents.

The Jugdment of the Court was delivered by

K. RAMASWAMY, J. The four appeals arise out of common

incident. They are disposed of by common judgment. The

complainant, the brother of the deceased Shashi Bala filed

two appeals and the State filed other two appeals by special

leave granted by this court against the judgment of the

Division Bench of Punjab & Haryana High Court dated November

25, 1981 acquitting Satish Kumar, the first respondent of

the conviction and sentence under section 302 and 201,

I.P.C. of the charge of murder of Shashi Bala, his wife, and

also in the same judgment confirmed the acquittal, by the

Sessions Court, of Gulshan Kumar, brother, Ramji

490

Das, the father and Smt. Kartaro Devi, the mother of Satish

Kumar. Shashi Bala, a beautiful young lady of 20 years was

married to Satish Kumar, the first respondent, on March 1,

1979 and she met with a homicidal death on August 10, 1980

in her marital home. The crucial question in this case is

whether is was suicide as contended by the defence or

homicide as stated by the prosecution and who is the author

of the murder. The facts lie in a short compass. They are

stated as under.

As stated the deceased was married to the first

respondent on March 1, 1979 by her brother Harbans Lal, PW.

15. She was given usual presentation of the gold ornaments,

utencils, television set etc. She gave birth to a male

child and by August 10, 1980 the boy was 3 months old. PW.

15 gave on June 8, 1980 Rs. 5,000 to her as against Rs.

10,000 requested for. He received a telegram on August 10,

1980 at Sasuna, Punjab State that Shashi Bala died. He

immediately came to Uklana Mandi, Haryana State at about

9.00 p.m. on August 10, 1980 and found Shashi Bala dead. It

is his case that Satish Kumar made extra judicial confession

that the deceased was strangulated for not getting the dowry

of their demand and that she was burnt to destroy the

evidence and sought pardon of him. He sent for his people.

A compromise was mooted to which he was not agreeable. The

complaint was laid with the police on August 11, 1980. PW.1

Dr. Sher Singh held the autopsy and found that the death was

due to asphyxia. The police laid the charge under section

302 read with sections 34 and 201 I.P.C. against all the

respondents. The prosecution adduced evidence of PWs9 & 15

of the motive of demand for more dowry; extra judicial

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confession and recoveries etc. The defence set up by the

respondents was that the relationship between the deceased

and the first respondant was cordial. No demand for dowry

was ever made. The first respondent arranged marriage of

Parmila, sister of the deceased with one Gopal, his cousin

which later was broken down due to which the deceased became

gloomy. In support thereof they produced a letter of torn

pieces (Ext. E). Therefore , it is their case that the

deceased poured kerosene on herself and set fire to herself

and committed suicide. It is their further case that while

the first respondent, his brother and father were in the

shop in the afternoon, they were informed of the suicide

committed by the deceased. By the time they came home they

saw some people bringing the dead body from the upstairs.

They also participated in bringing the dead body to the

ground floor and kept the body on a slab of ice and informed

PW.15 and others by telegram and also the police. The

police did not record his statement. The police took them

into the custody on the same day and found that they did not

commit

491

any crime.

PW.1, the Doctor, who conducted post-mortem in his

evidence stated that the deceased died due to asphyxia, as a

result of strangulation, which was ante-mortem and

sufficient to cause death in the ordinary course of nature.

The burn injuries were 95 per cent on the entire body except

on the feet and that the burn injuries were post-mortem.

The Sessions Judge disbelieved the extra judicial confession

spoken to by PW.15 and others. The Sessions court accepted

the evidence of PW.1, the doctor, and other circumstantial

evidence and found that Satish Kumar, husband of the

deceased strangulated the deceased and the deceased was

burnt to destroy the evidence. Giving the benefit of doubt

to the brother and the parents of the respondent they were

acquitted. The first respondent was found guilty of murder

and was convicted for the offence of murder under section

302 and for screening the evidence of murder, s. 201 IPC and

was sentenced to undergo rigorous imprisonment for life and

one year respectively and both the sentences were directed

to run concurrently by the judgment dated April 23, 1981.

The narrative of the facts clearly establishes that the

young beautiful lady, aged about 22 years, who had intense

and passionate love for the first respondent yearning to

have long and happy marital life was exterminated hardly one

year and five months after the marriage. As per doctor's

evidence, she died of asphyxia, as a result of strangulation,

and that 95 per cent burn post-mortem injuries were found

over the dead body except the feet. Admittedly this was

done in the residential home of the respondent. The crucial

question whether the theory of suicide propounded by the

defence and as accepted by the High Court is true and

believable. Undoubtedly this case hinges upon

circumstantial evidence. It is trite to reiterate that in a

case founded on circumstantial evidence, the prosecution

must prove all the circumstances connecting unbroken chain

of links leading to only one inference that the accused

committed the crime. If any other reasonable hypothesis of

the innocence of the accused can be inferred from the proved

circumstances, the accused would be entitled to the benefit.

What is required is not the quantitative but qualitative,

reliable and probable circumstances to complete the chain

connecting the accused with the crime. If the conduct of

the accused in relation to the crime comes into question the

previous and subsequent conduct are also relevant facts.

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Therefore, the absence of ordinary course of conduct of the

492

accused and human probabilities of the case also would be

relevant. The court must weigh the evidence of the

cumulative effect of the circumstances and if it reaches the

conclusion that the accused committed the crime, the charge

must be held proved and the conviction and sentence would

follow.

The crucial question is whether medical evidence of the

doctor is reliable and acceptable and whether death due to

suicide is probable? Due to 95% burns PW.1, the doctor, did

not find any visible ligature marks on the neck. Eyes were

half closed. The mouth was closed. Blood stained forth was

coming from both the nostrils. Tongue was swollen and

cynosed. On dissection of neck there was infilteration of

blood in the upper part of the neck in front below chin. On

further dissection he found fracture on right cornua of

hyoid bone at the junction with its body and on opening the

larynx and pharynx, he noted blood-stained forth in their

cavities, they were ante-mortem in nature. The stomach was

empty. Peritoneum, organs of generation plora, walls, ribs

and cartilages were congested. The right side of heart was

full of dark blood and left side contained scanty blood.

Except both the feet there were burns all over the body.

There was no line of redness. There were false vesicles at

places such vesicles were containing full of air, the base

of which was yellow, dry and hard, nor red and coppery. The

burns were anti-mortem and it was 95 per cent. As stated

earlier he opined that the death was due to asphyxia by

strangulation which was sufficient to cause death in the

ordinary course of nature. He opined that deceased must

have been died on August 10, 1980 between 2.00 to 3.00 p.m.

For suggestions given to the doctor by the defence counsel

in the cross-examination that if the deceased had sprinkled

kerosene oil on her and had set fire and while in the agony

if she runs hither and thither and in that process if she

fell in such a condition that her throat comes in contact

with a protruding part of the wall resulting constriction of

the wind pipe he categorically negatived that such a fall of

the victim would cause only partial constriction and it is

not possible to cause fracture to the hyoid bone. He

further stated that the death could not be due to

suffocation. He also ruled out the possibility that the

hyoid bone is not likely to be fractured by fall against

hard surface. He also stated that the burns were post-

mortem because there were no shoot present in the trachea or

wind pipe. Thus he positively rules out the theory of

alternatives or suicide.

Let us consider whether the factual findings at the

post-mortem examination of the deceased and the evidence of

Dr. Sher Singh is sup-

493

ported by medical jurisprudence. Taylor's Principles and

Practice of Medical Jurisprudence, Thirteenth Edition 1984

by Keith Mant, Vol, I stated at p. 282 that asphyxia being a

condition in which there is an inadequate supply of oxygen

to the tissues. It may be defined as a state a which the

body lacks oxygen because of some mechanical interference

with the process of breathing. At p. 283 it was further

stated that cyanosis indicates the blue colour of the skin,

mucous memberanes and of internal organs, notably spleen,

liver and kidneys. The capillary dilation that accompanies

a reduction in oxygen tension promotes stasis and therefore

a vicious cycle of suboxygenation of the blood commences.

The return of blood to the heart is diminished. The

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resultant impaired oxygenation leads to further capillary

dilation, further stasis, with deepening cyanosis .....

Prabably results from a combination of stasis and hypoxia.

Fluid exudes into the tissue spaces.

At p. 286 it was also stated of the distinction between

suffocation and strangulation that conditions associated

with mechanical asphyxia include suffocation were the

interference with the process of breathing is at the level

of the nose or mouth; strangulation where there is

compression of the neck, either by (a) the human hand

(manual strangulation or throttling); (b) a ligature. In

pararaph 6 he stated that in each of these categories the

obstructive process at the various level will result in the

development of the symptoms and the signs associated with

asphyxia previously described. At p.287 of general features

of asphyxia, it was stated that the head and face may show

intense congestion and cyanosis with numerous petechiae.

Blood exudes from the mouth and nose. Blood tinged frothy

fluid is present in air passages. Mucus may be found at the

back of the mouth and throat. The lungs which are of

particular interest, usually show in addition to congestion

of inter-alveolar capillaries, the presence of the oedema

fluid in the alveoli, areas of haemorrhage and collapse with

intervening emphysema...

Regarding post-mortem appearances in strangulation at

p.305 it was stated a careful search in suitable mortuary

conditions will usually reveal either external or internal

evidence of the area where the constrictions has occurred.

At p.306 the General Internal appearances, it is stated that

internally the air passages contain fine forth, often blood

stained. The lungs are congested with subpleural petechiae.

Mycroscopically there is usually intense interalveolar

congestion with haemorrhages of varying size, fluid in the

alveoli, areas of collapse and intervening area of ruptured

494

alveoli. The air passages often contain large areas of

desquamated respiratory type epithelium, red blood cells and

fluid. The remaining organs show only congestive changes.

These conditions very because of the circumstances that

the assailants usually employ considerably more force than

would appear to be necessary to ensure that death takes

place. In general terms the mark of the neck is usually of

the same width as the constricting object and the depth is

about half its diameter. Regarding finger-nail marks it was

stated that in manual strangulation the marks of burising

will be on the front or sides of the neck, chiefly about the

larynx and about it. Marks of pressure of fingers may,

however be slight. The distribution of these marks when

present will vary with the circumstances, and factors which

will affect it include the relative position of the

assailant and victim, the manner of gripping the neck, being

greater if the grip is shifted or has been reapplied if the

victim struggles, and the degree of pressure. The solid

tissues of the neck are of extreme importance in cases of

suspected strangulation. the solid structures comprise the

hyoid bone and the cartilages forming the larynx. If the

body is found to have died with marks on the neck which

indicate manual strangulation and this is subsequently

confirmed in the mortuary and laboratory the case must be

regarded as a killing by another person. It is

inconceivable that anyone could die from compression of the

neck by his own hand because loss of consciousness would

cause relaxation of the constricting fingures.

In Gradwohl's Medicine, Second Edition in Chapter 18

under the caption Interpretation of Post-Mortem Appearances

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in Death from Respiratory Obstruction and Compression of the

Neck, at p. 336 it was stated that Systemic and pulmonary

congestion and dilatation of the heart are classically

described as signs of an asphyxial death. At p. 337

regarding hyoid bone it was stated that two mechanisms have

been suggested in which the hyoid bone may be fractured :

from direct lateral compression and from indirect violence.

Direct lateral compression is one mechanism in manual

strangulation, when pressure is applied under the angles of

the jaw.

Medical Jurisprudence by Raju & Jhala in Chapter XXV

death from asphyxia and death from drowning at p.226 stated

that the heart in asphyxia, specifically right chambers, is

always found full of dark venous blood. This is important

to note as usually with death, blood disappears

495

from the heart. The venous system of circulation, because

of back pressure, is always found distended with blood. The

blood in heart and veins is not only dark blue but also

liquid and remains liquid.... The internal organs and mucous

membrane also present the general signs of congestion.....

This congestion has to be looked for and has to be found in

all cases of genuine asphyxia.

In Medical jurisprudence and Toxicology, 13th Edn. by

Modi at p. 155 it was stated that in the case of

constriction occurring at the end of expiration the lungs

are congested, oedematous and exude bloody serum on being

cut, but are pale if constriction occurred at the end of

inspiration.... The right side of the heart, the pulmonary

artery and venae and cavae are full of dark fluid blood, and

the left side is empty. The abdominal organs are usually

congested. The brain is usually normal, it may be pale or

congested according to the mode of death. For symptoms at

p.158 it was pointed out that if the wind pipe is compressed

so suddenly as to occlude the passage of air altogether, the

individual is rendered powerless to call for assistance,

becomes insensible and dies instantly. If the windpipe is

not completely closed, the face becomes cyanosed, bleeding

occurs from the mouth, nostrils and ears, the hands are

clenched and convlusions precede death. As in hanging,

insensibility is very rapid, and death is quite painless.

Regarding appearances on the neck he stated at p.159 that if

the fingers are used (throttling) marks of pressure by the

thumb and fingers are usually found on either side of the

windpipe.... At p. 161, appearances due to asphyxia it was

stated that the face is swollen and cyanosed, and marked

with petechiae. The eyes are prominent and open. In some

cases they may be closed. The conjunctive are congested,

and the puplis are dilated. The lips are blue. Bloody foam

escapes from mouth and nostrils, and sometimes pure blood

issues from the mouth, nose and ears, especially if great

violence has been used. Regarding internal appearances he

stated that the cornua of the hyoid bone may be fractured,

also the cornua of hyoid cartilage but fracture of the

cervical vertebrae is extremely rare. The liver may show

cloudy swelling and necrosis of the cells, if death has been

delayed. The kidneys may show signs of nephritis, and on

section the straight tubules may be filled with debris of

the blood corpuscles giving the appearances of reddish-brown

markings.

Regarding the distinction between anti-mortem and post-

mortem burns, he pointed out the lines of redness, of

vasication and reparative

496

processes as distinctive features. He elaborated the same

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later. A reading of it gives the distinction and would be

concluded thus:

1. Ante-mortem burn injuries are characterised by the

presence of burnt caroon particles (soot) in the trachea

which is absent in the case of post-mortem burn injuries.

2. Carbodyhaemoglobin is present in the heartblood in

ant-mortem burning which is absent in case of post-mortem

burning.

3. Ante-mortem burns are usually red owing to the

tendency of the system of rush blood towards the injured

parts for repairs, which is distinctly different from post-

mortem burns which are hard and yellowish in colour.

4. Blisters are prominently present in ante-mortem

burns. Some blisters may appear in post-mortem burns, but

there are distinctly different from ante mortem burns, where

blisters are full of protein rich fluid that contains a

substantial amount of white cells, caused by the tendency of

the system to rush in white cells to fight against

infection. The presence of protein is so high that it

becomes solid on heating. Post-mortem blisters hardly

contain any protein in their fluid and whatever fluid is

contained has so little protein that on heating only a faint

opalescence is seen. The fluid in post-mortem blisters does

not contain any white blood cells.

5. In ante-mortem burns, reparative enzymes are present

in the vicinity of burnt areas as the reparative enzymes

would try to repair the burnt areas. Their presence could

also be used for predicting the time since the person was

burnt. Various enzymes appear at the following time:

(a) Enzyme esterase - 30 minutes. (b) Leucine

aminopeptidase - 2 hours approx. (c) Acid Phosphatase - 3

approx. (d) Alkaline Phosphatase - 6 hours. Reparative

enzymes are not detected in post-mortem burns.

6. Signs of infection in a burn injury only lead of the

conclusion that the burn injury is anti-mortem in nature as

there cannot be infection in a post-mortem burn injury, only

putrefaction. Since infection occurs roughly 36 hours

after the burn, one can easily predict the time since the

burn injuries occurred.

497

In H.W.V. Cox's Medical jurisprudence and Toxicology by

Dr. Bernard Knight, 5th Edn. in Chapter 1 at p. 207 is was

stated that strangulation is again a term which is not exact

in itself, as there are several types of strangulation,

mainly mannual strangulation and strangulation by a

ligature. Though both these are similar, there are certain

differences which are reflected in the pathological

findings. Strangulation is not by any means the same thing

as asphyxia : in fact, a better name would be `pressure on

the neck', which is used as an alternative description by

some pathologists. Regarding manual strangulation and the

length of time required to cause death at p.213 it is stated

that the length of time for which pressure on the neck must

be maintained to cause death is very variable, from zero

seconds to several minutes. The statement regarding length

of time he stated that no dogmatic statement of time of two

minutes or three minutes can be made. It is of little

practical value as unless or three minutes can be made. It

is of little practical value as unless a witness is present,

there is never any way of determining such times. If,

however, there is physical evidence of pressure on the neck

from bruises and haemorrhage, but no congestion whatsoever,

then it is certain that death was relatively rapid before

these classical signs appeared, due to reflex cardiac

arrest. Where death is due to cerebral anoxia from

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compression of carotid vessels, then there is usually

cyanosis and congestion due to simultaneous blockage of the

jugular venous system, though ignorance of time factors make

this statement of little practical value. In Taylor's

Medical Jurisprudence it was stated at p.282 that the amount

of pulmonary oedema can be used to estimate the time

interval between injury and death. In practice it is seldom

of value as it is common experience that the changes

described can develop with great rapidity when a patient

dies after choking. At p.285, asphyxia by violence, it is

stated that if the breathing is interfered with for a

sufficient period of time unconsciousness and death will

supervene.

The contention of Sri U.R. Lalit that the palms were

not clenched and the eyes did not protrude but were half

closed, the mouth was closed and tounge was not protruding,

the duration of death of 5 to 10 minutes as opined by the

doctor and in the case of death by strangulation, the death

would be instant and that, therefore, it is not a case of

strangulation but suicide does not cast any doubt on the

cause of death. Above study of medical jurisprudence

establishes that the symptoms found at post-mortem are not

uniform but variable depending on the compression as

employed on the neck and duration. It would be an

inferential fact since direct evidence would rarely be

available. The discussion of the medical

498

jurisprudence conclusively establishes that all symptoms

found on the dead body of Shashi Bala unmistakeably show

that her death was due to pressure on the neck and the

findings at the post-mortem examination recorded by the

doctor and the evidence of Dr. Sher Singh, PW-1, are

consistent with medical jurisprudence. The duration of

death also depends on the mode of pressure employed and the

circumstances in which constriction was done. Doctor's

evidence is clear, cogent and convincing in his findings

that the death was due to asphyxia and not due to suicide.

We place on record that Dr. Sher Singh had meticulously done

an expert and excellent autopsy with grasp of medical

jurisprudence to establish, without any shadow of doubt, of

the cause of death of Shashi Bala as asphyxia.

Realising this unsurmountable difficulty concerted

attempt was made to sling mud and cloud of doubt on the

unimpeachable evidence of Dr. Sher Singh. Who would be

benefitted by a complaint against the doctor? The

prosecution is not interested since his autopsy report is

completely in its favour. PW.15 or anybody on his behalf is

not interested to make nay allegation against PW-1. It is

the accused that would be benefitted and so a false

complaint of demand of illegal gratification was fabricated

which was rightly thrown out. The further suggestion that

some unknown Doctor along with PW-15 brought pressure on

PW.1 to give fabricated autopsy report is a desperate one.

We accept the evidence of PW.1, Dr. Sher Singh as truthful,

reliable and acceptable. From his evidence it is now

conclusively established that the death was due to

constriction (asphyxia) and that a deliberate attempt was

made to destroy the evidence of the death by pouring

kerosene on the dead body and buring the dead body

extensively of 95 per cent. We find that the High Court

committed palpable illegality in accepting the defence

version to doubt the evidence of Dr. Sher Singh. The death

was, therefore, homicide and not suicide.

The question then is who is the author of the murder?

The contention of Sri Lalit is that the respondent had no

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motive and the High Court found as a fact that the evidence

is not sufficient to establish motive. The case is based on

circumstantial evidence and motive being absent, the

prosecution failed to establish this important link in the

chain of circumstances to connect the accused. We find no

force in the contention. Undoubtedly in cases of

circumstantial evidences motive bears important

significance. Motive always locks up in the mind of the

accused and some time it is difficult to unlock. People do

not act wholly without motive. The

499

failure to discover the motive of an offence does not

signify its non-existence. The failure to prove motive is

not fatal as a mater of law. Proof of motive is never an

indispensable for conviction. When facts are clear it is

immaterial that no motive has been proved. Therefore,

absence of proof of motive does not break the link in the

chain of circumstances connecting the accused with the

crime, nor militates against the prosecution case. The

question, therefore, is whether Satish Kumar alone committed

the offence of murder of his wife? In this regard Sri Lalit

pressed into service the evidence of DW. 4, the uncle of the

respondent who stated that the Ist respondent, his brother

and father were in the shop at the relevant time and that

the respondent also stated so in his statement under section

313 C.P.C. This evidence clearly establishes that the

respondent was not at home when the occurrence had taken

place. This evidence has to be considered in the light of

th attending circusmtances and the conduct of Satish Kumar.

It is established from the evidence that the deceased and

the first respondent alone were living in the upstair's

room. The occurrence took place in the broad day time in

their bed room. The deceased at that time was having three

months old child. What had happened to the child at the

time when the ghastly occurrence had taken place is

anybody's guess. Normally three months child would be in

the lap of the mother unless somebody takes into his/her

laps for play. It is not the case. It would be probable

that after the murder, the child must have been taken out

and the dead body was burnt after pouring kerosene and

litting fire. Therefore, the one who committed the offence

must have removed the child later from the room. Admittedly

the day of occurrence is a Sunday and that too in the

afternoon. Therefore, the shops must have been closed.

DW-2, Post Office Superintendent, examined by the defence,

categorically admitted that the handwritting of all the four

telegrams was of the same person. Satish Kumar admitted

that he issued two telegrams including the one to PW-15 and

the two were issued by his father. Therefore, four

telegrams were issued by the Ist respondent alone. When the

wife was practically charged to death an innocent and

compassionate husband would be in a state a shock and would

not move from the bed-side of the deceased wife and others

would attend to inform the relations. It is also his case

that he phoned to the police station and informed of the

occurrence. Evidence is other way about. An attempt was

made to have the matter compromised, but failed. Thereafter

they were found to be absconding. The evidence of DW-4

(maternal uncle) that the Ist respondent was in the shop

thus gets

500

falsified and his is a burgered evidence. This false plea

is a relevent circumstance which militates against his

innocence. The death took place on the bed room of the

spouse and the attempt to destroy the evidence of murder by

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burning the dead body; the unnatural conduct of Satish

Kumar, immediately after the occurrence; the false pleas of

suicide and absence from house are telling material relevant

circumstances which would complete the chain of

circumstantial evidence leading to only one conclusion that

Satish Kumar alone committed the ghastly offence of murder

of his wife, Shashi Bala.

It is true as contended by Sri Lalit that Satish Kumar

must have married the deceased as she was extremely pretty

and that the letter written by her would establish

cordiality and love between them. The deceased obviously

appears to have written that undated letter expressing her

profuse love for the husband at the beginning of their

marital life without knowing the true colours of the

husband.

It is true that the torn pieces of the letter would indicate

that she contemplated to commit suicide. Obviously it was

due to being unable to bear with the mental torture brought

upon her. She accordingly must have written but later she

must have changed her mind seeing the tender son in her arms

and not to make him to lose mother's care and affection.

That would clearly show that she was not being treated well.

Far from being helpful this circumstance also is in favour

of the prosecution and against the husband showing that the

deceased was subjected to cruelty. The contention that the

first respondent was not the author of the crime does not

inspire us to give credence. The further contention that no

neighbour was examined by the investigation officer as they

were not prepared to falsely implicate him and it would be

viewed against the prosecution is without any substance.

The investigating officer in his evidence clearly stated

that he contacted all the neighbours but they were not

prepared to give their statements. Therefore, the

investigation officer was helpless in collecting the

evidence from the neighbours. It is not an insurance that

he was innocent. The further contention that the delay in

filing F.I.R. is fatal to the prosecution is without any

substance. Admittedly PW.15 was residing in Sasuna of

Haryana State. On receipt of the telegram he rushed to the

place and immediately on seeing the dead body he sent for

his relations. After they come to the scene the F.I.R. was

lodged on the next day. The delay in lodging F.I.R. is of

little significance. We have the evidence of PWs-15 and 9,

which of the motive was found to be shaky by the High Court

and for the reasoning given it might appear to

501

be probable. In those circumstances the animation by the

in-laws and brother-in-law to be a privy to the ghastly

murder cannot be positively concluded. Undoubtedly the

father, mother and brother might be present. They or

someone amongst them might have facilitated Satish Kumar to

screen the evidence of murder. Suspicion is not a

substitute for proof. No proof beyond doubt is forthcoming.

Under these circumstances on the facts of this case we hold

that their acquittal is right. The High Court did not

consider the evidence in proper perspective. The order of

acquittal of Satish Kumar is set aside. He is convicted for

the offence of murder of his wife Shashi Bala, punishable

under s. 302 I.P.C. and is sentenced to undergo rigorous

imprisonment for life. He is convicted under s.201 I.P.C.

and sentenced to undergo R.I. for one year and both the

sentences would run concurrently.

The judgment and order of acquittal of Satish Kumar by

the High Court in Crl. Appeal No. 281/81 is set aside

judgment and order in Crl. Appeal No. 528/81 is confirmed.

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The judgment, conviction and sentences of Satish Kumar and

acquittal of others in Sessions Case No. 159/80 and Sessions

Trial No. 85/80 dated April 23, 1981 by the Sessions Court

at Hisar is restored. The appeals are accordingly allowed

as against Satish Kumar and dismissed as against other three

respondents.

N.P.V. Appeals partly allowed.

502