UMA NATH SINGH, J. - (1.) This common judgment shall also dispose of the connected matters being (i) Cri. Appeal No. 400-DB of 1998 (A. Surender Singh v. State of Haryana), (ii) Cri. Appeal No. 505-SB of 1998 (Yadvinder Singh v. State of Haryana), (iii) Cri. Appeal No. 520-SB of 1998 (Manjit Kaur v. State of Haryana) and (iv) Cri. Revision No. 1142 of 1998 (Phool Kishan Kundu versus Vikram Singh and others), as all these cases arise out of the impugned judgment of conviction and sentence passed in Sessions case (No. 27 of 1996) by learned Sessions Judge, Kurukshetra on 5-6-1998. Vide the said judgment, accused-appellants Vikram Singh and Surender Singh have been held guilty of offences under Sections 449/ 34, 376(g), 302/34 and 392, IPC read with Section 397, IPC whereas accused appellants Yadvinder Singh and Manjit Kaur, brother-in-law and sister of accused Surender Singh, have been convicted under Section 411, IPC. Appellants Vikram Singh and Surender Singh have been found to have committed : (a) house trespass by entering into the dwelling house of Smt. Usha Kundu for commission of murder, (b) gang rape on the person of the deceased, (c) murder by intentionally causing death of Prof. Smt. Usha Kundu, aged 5 2 years, in the premises of the Kurukshetra University, and (d) robbery as a result of causing death with deadly weapon during commission of theft of household articles, jewelleries and other valuables in furtherance of the common intention, and, thus, they have beer. each sentenced to undergo RI for ten years with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the first count; ten years' RI with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the second count; imprisonment for life with a fine of Rs. 250/-, in default of payment, of fine, to undergo further RI for one month on the third count; and RI for seven years with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the fourth count. However, other two appellants Yadvinder Singh and Manjit Kaur, who were only held guilty of offence under Section 411, IPC have been sentenced to RI for one and half years each.
(2.) The prosecution case is based on a statement (Ex. PQ) of Phool Kishan Kundu (PW 25) made on 20-2-1996 at 6.15p.m. to Inspector Rattan Singh (PW 32). Pursuant to the said statement, an FIR (Ex, PQ/2) was registered at 6.25 p.m. on that day initially under Section 460, IPC. A special report pursuant thereto was sent to the Chief Judicial Magistrate the same day at 9.25 p.m. PW 25 narrated that he was running a stationery shop in the University market. His elder brother Dr. C.L. Kundu was the Vice Chancellor of Shimla University, and his wife, deceased Usha Kundu, was Professor in Regional Engineering College, Kurukshetra University. On 16-2-1996, the deceased told him that she would be visiting her son Sanjay Kundu, an IPS Officer, on Shivratri day. A day before 20-2-1996, at about 7.00 p.m., he visited the House No. F-2; University Campus, Kurukshetra, of his deceased sister-in-law and found it locked. He gathered an impression that she would have gone out somewhere as she was supposed to return on the next day of the her visit to her son. He went around the house and returned home. On 20-2-1996, he visited the house at 1.30 p.m. being accompanied by Shiba Kishan Kaul, his first cousin (mother's sister's son) but the house was found locked. He again went around the house, however, found the chairs lying in the varandah. He thought that since chairs were lying outside, Smt. Usha Kundu would have returned home after visiting her son. They stayed for about 10-15 minutes in the varandah. Thereafter, they went to the Regional Engineering College, the place of her employment, to enquire about her where- abouts. They were told that it was a holiday. He then made a telephonic call to his brother Dr. C.L. Kundu at Shimla (husband of the deceased) to find out about the deceased. He also made a telephonic call to the residence of Shri Sanjay Kundu at Chandigarh, and then, came to know that he (Shri Sanjay Kundu-son of the deceased) had gone to Bombay with his children. He also made two-three calls to Janju but no one lifted the receiver. Thereafter, he went to his shop. At about 4.30 p.m., he came to know that one D. S. Yadav had opened the lock of the house and found that the dead body of deceased Usha Kundu was lying inside the house. The complainant, therefore, rushed to the spot, and saw that the dead body of Smt. Usha Kundu was lying in the corridor and her articles were scattered. The almirah of the bed room, which contained the valuables like ornaments, cash, important articles and papers etc., was also lying open. The keys of the almirah used to be in custody of deceased Usha Kundu. Raj Kumar, a domestic help of the deceased, had seen her last on 18-2-1996 at 7.30 p.m. As per report, some unknown culprits having forced entry into the house in the intervening night of 18/19-2-1996 murdered the deceased by causing injuries. They had committed robbery and taken away ornaments, cash and other important articles, and then they had locked the house from the outside. The statement was read over to him, which he found to be correct. As the Inspector prima facie found the commission of offence under Section 460, IPC, he recorded a ruqa as such and sent the original copy to the Police Station through HC Sat Pal for registration of an FIR. The FIR was registered by ASI Baldev Singh and copies thereof were sent to the Illaqa Magistrate, SP and DSP through Constable Anil Kumar. The I.O. Rattan Singh started the inquest at 4.30 p.m. on 20-2-1996 and in the inquest report (Ex. PA/1) noted the age of the deceased about 52 years. He also noticed the presence of rigor mortis and the following injuries on the body of the deceased. "1. There is a mark of injury towards the right side of nose. 2. There is bluish injury mark towards left side of neck. 3. There is a deep mark of injury in the abdomen towards left, side of belly. 4. There is a deep mark of injury towards left side of the flank. 5. There is a deep mark of injury towards left side of the ribs. 6. There is a mark of deep cut on the left elbow. 7. Blood stained injury near left ear. 8. Cut injury mark on upper and lower lip. 9. Injury mark on the left leg. 10. Injury on the right ankle. Blood after oozing out from abdomen, left flank, left ribs, elbow and left ear is clotted. The injuries appear to have been caused with sharp edged weapon. There is a bluish injury mark on the neck towards right." The apparent cause of death, according to the I.O., was the injuries caused with a sharp edged weapon. After recording of the statements (Ex. PQ) of the complainant (PW 25) and his son Vinay Kundu during the inquest proceedings, Investigating Officer Rattan Singh (PW 32) sent a VT message to call the dog squad, crime team, fingerprint expert and a photographer. The sniffer dog brought by Constable Jai Prakash from Ambala did not come out of the house and returned after taking a round thereof. Pawan Kumar (PW 9), photographer, took 12 photographs of the dead body from different angles/sides as per direction. Dr. K. P. Singh Khushwaha (PW 2), Assistant Director, FSL, Madhuban, Karnal, arrived with his team and a fingerprint expert. They scanned the scene of occurrence thoroughly and carefully. The Investigating Officer also prepared a site plan of the scene of occurrence. The site plan indicated the position of the dead body and also the locations of blood stains at different places. However, the blood stains could not be lifted. He also completed the proceedings under Section 174, Cr.P.C. and filled up the Form No. 25.35 (B). He recorded a statement of complainant Phool Kishan Kundu (PW 25) under Section 175, Cr.P.C. Complainant Phool Kishan Kundu reiterated his earlier statement (Ex. PQ) and further stated that the death of Smt. Usha Kundu was caused due to injuries caused with sharp edged weapons by some unknown persons, after entering into her house in order to commit theft. Some valuable articles, including jewelleries, were found to have been stolen away and the house had been locked from the outside. He identified the dead body. He was read over the statement, which he found to be correct. Another such statement recorded under Section 175. Cr. P. C. was that of Vinay Kundu son of Phool Kishan Kundu. He also reiterated the statement of his father as such. However, he has added that his uncle (husband of the deceased) was working as the Vice Chancellor of Shimla University and his deceased aunt was living alone in the house. He also identified the dead body. Thereafter, the dead body was sent for post-mortem examination with an application and the inquest report. Dr. S. N. Bansal (PW 1), Medical Officer. L. N. J. P. Hospital. Kurukshetra, along with Dr. D. S. Saini, S. M. O., Dr. K. K. Chawla, M. O. and Dr. Sushma Saini. lady M. O., conducted the post-mortem on the dead body at 9.00 a.m. on 21-2-1996. Apart from Dr. S. N. Bansal (PW 1), the prosecution has examined 32 more witnesses, as the entire prosecution case is based on the circumstantial evidence. The defence side has also examined 8 defence witnesses to counter the prosecution case. The other prosecution witnesses so examined are Dr. K. P. S. Kushwaha (PW 2), Assistant Director. FSL, Madhuban, Karnal. He inspected the scene of occurrence in the presence of the Investigating Officer in the intervening night of 20/ 21-2-1996. Dr. Hans Raj Aggarwal (PW 3) was the Assistant Director, FSL, Madhuban, Karnal. He had received 4 sealed parcels on 12-4-1996. Dr. S. K. Nagpal (PW 4) was the Senior Scientific Officer, FSL, Karnal. He had received certain parcels for examination. Dr. M. K. Goel (PW 5) was also an Assistant Director, FSL, Karnal. He proved his reports (Ex.PC and PC/1 to Ex. PC/4). He had also received certain parcels for examination. Dr. G. D. Mittal (PW 6) was the Medical Officer, L. N. J. P. Hospital, Kurukshetra. He had taken 10 mls. blood from the person of accused-appellants Vikram Singh and Surender Singh each, with the permission of the Tehsildar. Constable Sudeep Kumar (PW 7) prepared a scaled site plan (Ex. PM) of the scene of occurrence being Kothi No. F-2, Kurukshetra University, Kurukshetra. He prepared the site plan at the instance of Phool Kishan Kundu (PW 25) and Vinav Kundu and on the direction of the Station House Officer, Police Station City, Thanesar. He also prepared the site plan with correct marginal notes (Ex. PN) of Kothi No. E 16. Kurukshetra University, Kurukshetra, allotted to the father of accused Vikram Singh. He has withstood a rigorous cross-examination. Parveen Kumar (PW 8) was a dry- cleaner. His shop was known as Ashoka Dry- cleaning. He brought the relevant record of his shop. According to him, on 29-2-1996, accused Surender Singh visited his shop along with a coat (Ex. P46) and handed over the same to him for dry cleaning. Accused Vikram Singh also came to his shop on that date. i.e. 29-2-1996 with a jacket (Ex. P47). While handing over the jacket for dry-cleaning, accused Vikram Singh told that the jacket contained a stain of betel (Pan). He had issued two slips in respect of both the clothes, being Ex. P 48 and Ex. P 49. Pawan Kumar (PW 9) was the photographer. On 20-2-1996 at about 9.30 p.m. under the direction of the police, he took the photographs of the dead body (Ex. P-50 to Ex. P-62) and their negatives are Ex. P63 to Ex. P75. He also took the photographs of three fellows of different shoes. Smt. Kamlesh Sharma (PW 10) was the clerk-cum-cashier of State Bank of India, RECK Branch, Kurukshetra University, Kurukshetra. She submitted the record of bank account of deceased Smt. Usha Kundu. Account No. 188-2 stood in the joint names of the deceased and her husband Prof. C. L. Kundu. Her evidence was relevant inasmuch as the pass books of the deceased and her family members had been found to be one of the items seized from the accused. That apart, Indira Vikas Patras, cheque books and driving licence of deceased Usha Kundu had also been seized. Malkiyat Singh (PW 11) was produced in the witness box to show that he had sold his plot at Kurukshetra in the month of August. 1995, to Dalip Singh, father of accused Surender Singh, for a consideration of Rs. 50,000/-. Baldev Singh (PW 12) is the Assistant Sub-Inspector of Police. He had formally registered the FIR (Ex. PQ/2) on receipt of ruqa (Ex. PQ). On 2-3-1996, he had also got accused Vikram Singh and Surender Singh, medico legally examined by the Medical Officers of L. N. J. P. "Hospital, Kurukshetra. Suresh Kumar Goel (PW 13) was a Financier and Transporter oi Bhiwani. He knew Sanjay Kundu (IPS), son of the deceased. Being a local businessman, he used to visit all District Officers and, thus, he had met Shri Sanjay Kundu. On 29-2-1996 at about 2.00 p.m.. maternal uncle of accused Vikram Singh namely, Rattan Singh, with accused Surender Singh and Vikram Singh had come to him. He knew Rattan Singh for the past about 4-5 years. Rattan Singh had told him that the accused had committed murder of Usha Kundu at Kurukshetra and the accused be produced before the police. Accused Vikram Singh confessed the date, time and manner of commission of offence before him. He also stated that he was accompanied by Surender Singh, who gave a kirpan blow to the deceased. He also confessed that both of them had committed rape upon the deceased. He further confessed to have caused knife injury to the deceased. Since this witness was unwell, he told them that he could accompany them only on 2-3-1996, because he was suffering from some heart problem. He with Rattan Singh went to Kurukshetra on 2-3-1996 but came to know that the accused had already been arrested on 1-3-1996. Thereafter, they came across the police party and this witness gave his statement to the police. Laxmi Kant Sharma (PW 14) was a Teacher in Bhagwan Parsu Ram High School, Kurukshetra. He was a resident of Chakravarti Mohalla, Kurukshetra. On 18-2-1996 at about 9.30 p.m., he was taking tea at the Dhaba of one Madan Bhatia in front of Gate No. 3 of the University. Both the accused were seen present in the Dhaba and they had finished their meals. They appeared to be under the influence of liquor. This witness over heard the accused making plan to commit theft in the house of the deceased. Raj Kumar (PW 15) was engaged as a Peon in the University and he was at tached with Prof. C. L. Kundu. husband of the deceased. He used to work at their residence in the morning and evening hours, after the office hours. He while accompanying Dr. Rajender Yadav had come to the residence of the deceased. On the instructions of Shri Yadav, this witness peeped through the ventilator and saw that the articles of the house were lying scattered and then the house of the deceased was broken open. Mrs. Sushma Lall (PW 16) was the class teacher incharge of 11th Class, Section A, wherein accused Vikram Singh was her student. According to the attendance register brought by her in the Court, accused Vikram Singh had absented from the class between 16-2-1996 and 29-2-1996. She had marked his absence. Dr. Rahul Garg (PW 17) medico legally examined accused Vikram Singh and Surender Singh and found that there was nothing to suggest that they were incapable of doing sexual intercourse. Rajinder Yadav (PW 18) had received a telephonic message from Prof. C. L. Kundu at Shimla. husband of the deceased, on 20-2-1996. He met deceased Usha Kundu on 14-2-1996, then she had told him that she would be going to Jammu on or about 16 2 1996. On being told by Prof. C. L. Kundu that she had not visited Jammu and further on being requested, this witness started search of the deceased. He had also summoned Peon Raj Kumar. Raj Kumar, on peeping through the corridor, had informed him that the deceased way lying there. Then Phool Kishan Kundu and the police arrived there at about 4.30 p.m. He had broken open the door of the house on the instruction of Shri C. L. Kundu, over telephone. H. C. Ram Parkash (PW 19) tendered his evidence on affidavit (Ex. PZ). So is the case with Constable Anil Kumar (PW 20). His affidavit is Ex. PAA. Similarly, Conslable Shiv Ram (PW 21) also tendered his evidence on affidavit (Ex. PBB). The affidavit of Constable Bhagwan Dass (PW 22) is Ex. PCC. HC Dharma Pal (PW 23) was posted on 23-2-1996 at Police Station City, Thanesar. He also lendered his evidence on affidavit (Ex. PDD). He was the sole Head Constable of the Police Station City. Thanesar. During his absence on leave, one Ram Parkash was working in his place. On his return from leave on 23-2-1996, the case property was handed over to him. Constable Baltej Singh (PW 24) also tendered his evidence on affidavit (Ex. PEE). He had gone to the FSL. Madhuban, to bring the result of the analysis. Phool Kishan Kundu (PW 25) is the real brother of the husband of the deceased. He is the author of the FIR and is also a witness to the inquest and other proceedings. Sanjay Kundu (PW 26) is the son of the deceased. He being an IPS Officer was posted as ADC to the Governor, Haryana, on 20-2-1996. C. L, Kundu (PW 27) is the husband of the deceased. SI Jagdish Chander (PW 28) was associated with the investigation by the Investigating Officer, Inspector Rattan Singh. 11C Sat Pal (PW 29) had accompanied the police party on 20-2-1996 at about 4.45 p.m. to the official residence of the deceased. HC Jagdev Singh (PW 30) was posted at Police Station City, Thanesar in March. 1996 and in his presence. Inspector Sewa Sings had interrogated accused Vikram Singh on 11-3-1996. The accused had made a disclosure statement. Again on 12-3-1996. Inspector Sewa Singh had interrogated both the accused, Vikram Singh and Surender Singh. Ultimately, pursuant to the disclosure statements made by the accused. some incriminating articles were recovered. Inspector Sev/a Singh (PW 31) was posted as District Inspector, Kurukshetra in March, 1996. As there was a death in the family of Inspector Rattan Singh, he had been handed over the investigation. Inspector Rattan Singh (PW 32) was posted as Station House Officer, Police Station City, Thanesar, on 20-2-1996, when the dead body of the deceased was recovered from her official residence. Ram Niwas (PW 33) was the Laboratory Assistant. He had accompanied K. P. S. Khushwaha, Assistant Director, FSL, Madhuban, on 20-2-1996, to the scene of crime. He had taken certain photographs of the scene of crime, being Exs. P7 to P9, P13, P15, P16, P19 and P20.
(3.) Dr. S. N. Bansal (PW 1) has stated in his evidence that the information furnished by the police (obviously as per inquest) was that the death had resulted from the injuries caused with a sharp edged weapon. Post-mortem staining was present on the back. Rigor mortis was partly present in both the knee joints and toes but was absent in neck, upper limbs and hip joints. Both the hands were partially clinched. The clothes were blood stained at different places. He has noticed the following injuries :- "1. There was reddish contusion around mouth covering both upper and lower lips, on right side, it had two projections, 2 cms long and 1 cm in breadth. Width of the contusion was varying from 1 cm x 2 cms on the inner side of both lips. There were reddish abrasions and contusions. This contusion was also extending to both alae nasi of nose. There was infiltration of blood in the contusion. 2. Two reddish contusions, one on each side of bridge of nose. 2 cms x 1 cm on right side and 2 x 0.75 cm on left side. Infiltration of blood was present in the underlying tissues. 3. An incised wound 1.2 cms x 0.3 cm on the left side of face, 3 cms in front of left ear. It was subcutaneous tissue deep. Clotted blood was present. 4. Two reddish contusions with abrasions on right side of neck, size was 3 cms x 1 cm medially and 2.5 cms x 1 cm laterally. These were transverse and 2 cms. above the clavicle. Infiltration of blood was present in the underlying tissues. 5. An incised wound 3 cms x 1 cm in front of left side of chest, 7 cms from the mid line in the 7th intercoastal space. It was vertically placed and was muscle deep. Both ends were clean cut. Clotted blood was present. 6. A reddish brown contusion 0.75 cm in diameter on the front of left side of chest, 1 cm. below injury No. 5. Infiltration of blood was present in the tissues. 7. An incised wound 4.5 cm x 1 cm on the left side of abdomen at the level of anterior auxiliary line, vertical, 7 cms below injury No. 6. A tag of omentum was protruding out of this injury. Both the ends were clean cut. 8. An incised wound 4.5 cms x 1.7 cms on the left side of abdomen, 1 cm. medially to anterior superior iliac spine. A loop of small gut was coming out of this injury. Both the ends of the wound were clear cut. 9. An abrasion 2 cms x 1 cm on the upper part of left leg on tibia tuberocity. 10. An abrasion 3.5 cms x 1 cm, vertical, on the lateral aspect of right knee. 11. An incised wound 8.5 cms x 1 cm on the back of left elbow, transverse, muscle deep. Clotted blood was present. Corresponding to injury Nos. 5, 7 and 8, there were corresponding cut in the maxi and there was also corresponding cut in the sweater against injury Nos. 5, 7 and 11. Cranium and spine Skull and vertebrae were healthy. Membrane, brain and spinal cord were healthy. Thorax Walls, ribs and cartilage, were healthy except the injuries described above. Rest of the organs in the thorax were healthy. Heart was empty on both sides. Abdomen Abdominal wall has slight patch of greenish colour on both iliac fossae. Foul smell was coming out on opening the abdomen. Peritoneum-the peritoneal cavity was full of dark coloured blood and blood clots. There was also semi-digested food material in upper part. Mouth, Pharynx and Oesophagus Mouth was as described above and rests were healthy. Stomach contained semi-digested food material. Food particles were not recognisable. Stomach has two cuts, one on left lateral wall and another on anterior aspect of right side. On left lateral side, there was cut 1.5 cm. long and on right anterior side, it was 1 cm. long. Small intestine contained chyle and gases. There was an incised wound 1 cm. long in the small gut and 0.75 cm long cut in the mesentery, where clotted blood was present. Large intestine contained faecal matter and foul smelling gases, showed early putrefaction changes. Liver was healthy, pale showed early putrefaction changes over its superior surface. Spleen-there was 2 cms long cut on its lower part. Clotted blood was present near the injured part. Size of the spleen was normal. Kidneys were healthy and pale. Bladder was healthy and pale and it contained 30 to 50 mls. of urine. Organs of Generation Perineal hair were scanty, which were cut and sent for chemical analysis. Labia majora and labia minora were healthy. There was whitish discharge present in and around vulva, which were taken on two swabs and sent for chemical analysis. The vagina admitted two fingers easily. Hymen was present only in tags. No fresh injury was seen. (Emphasis supplied). On her vaginal examination, cervix was backward, uterus was anteroverted. It was of rnultipara size. Fornices were free. Two slides were prepared from posterior fornices and sent for chemical examination." In the opinion of the Board of Doctors, cause of death was shock and haemorrhage as a result of the injuries described herein- above. The injuries were ante-mortem in nature and were sufficient to cause death in the ordinary course of nature. The opinion of rape was to be given after receiving the report of the FSL. According to the doctors, the probable time between the injuries and the death was within 2 hours and between the death and the post-mortem was within 36 to 72 hours. The doctor (PW 1) has clarified that the post-mortem was conducted on the request letter of the police (Ex. PA), sent along with inquest proceedings papers (Exs. PA/1 to PA/4) and carbon copy of the FIR (Ex. PA/5). PW 1 has proved the post-mortem report (Ex. PA/6). He also proved diagram (Ex. PA/7), showing the location of the injuries. He has stated that on 1-5-1996, on the request of the police (Ex. PB), a Board of Doctors (consisting of four doctors) had gone through the chemical examiner's report (Ex. PC). They noticed presence of human semen on glass slides, having taken the smear from posterior fornix and swabs from vagina and perineal hair. The Board of Doctors opined that the sexual intercourse was committed on the deceased. They gave a report (Ex. PB/1), duly signed by PW 1, Dr. D. S. Saini. Dr. S. Saini and Dr. K. K. Chawla. The Board of Doctors had also opined that the injury Nos. 3, 5 and 11 mentioned in the post-mortem report dated 21-2-1996, were possible from the weapons of offence, while injury Nos. 7 and 8 could be caused with knife. The team of doctors further opined on a police request (Ex. PE) that injury Nos. 1, 2 and 4 were possible as a result of attempt to smother with the help of hands. Injury Nos. 9 and 10 could result from dragging of the body. Injury No. 6 could result from the handle of the kirpan. The doctor has clarified that Ex. P6, a weapon of offence, could be called dagger as well as knife. According to him, injury Nos. 3. 5 and 11 may be possible with any knife, having sharp edges, even with a kitchen knife. He has clarified that no police officer ever came to him for obtaining his opinion in respect of the injuries, before 1-5-1996. He denied any influence of the police. He has also stated that the vagina was moist due to whitish discharge, although no injury was noticed on any of the thighs near the private parts. The team of doctors could not detect any injury in, on or near the private parts. However, they had noticed three injuries on the face. The doctor has reiterated that the semen was present in the perineal hair. In his cross-examination, the doctor has described the weapons of offence, as kirpan (Ex. P5) and knife (Ex. P6). They were not similar in shape. The knife (Ex. P6) was straight, whereas, the kirpan (Ex. P5) was curved. The width of the blades was also not similar. He has denied the defence suggestion that the injuries noticed, in the opinion of the doctors (Ex. PD/1 and Ex. PE/1), were not possible from kirpan (Ex. P5) and knife (Ex. P6). The doctor has further clarified that injury Nos. 3 and 11 could be caused with any of these weapons. According to him, dagger (Ex. P6) is sharp on both the sides with a sharp point. He has also stated that kirpan (Ex. P5) is sharp on one side only and the other side is blunt. He has further clarified that injury Nos. 5. 7 and 8 have been caused in a thrusting manner. These injuries could be caused with the weapons. having sharp edges on both sides, like Ex. P6. The doctor has clarified that though the death could have occurred between 36 to 72 hours of the post-mortem but the time duration would not mean that the rigor mortis could not have been present on the dead body. He has further clarified that rigor mortis remains present up to 48 hours but it is not a hard rule, as the occurrence took place in the month of February.;