SHARMA, J. - (1.) IT is said that truth is a shining goddess, always veiled, always distant, never wholly approachable, but worthy of all the devotion of which the human spirit is capable. Truth in the instant case is also veiled and we have to unveil it. The allegation against appellant is that he treated his wife cruelly and throttled her to death. Appellant was put to trial before the learned Additional Sessions Judge Shahpura (Jaipur), who vide judgment dated October 113, 2004 convicted and sentenced the appellant as under:- u/s. 302 IPC: To undergo imprisonment for life and fine of Rs. 500/- in default to further suffer two months simple imprisonment. u/s. 498-A IPC: To undergo three years rigorous imprisonment and fine of Rs. 2000/- in default to further suffer six months simple imprisonment. The substantive sentences were ordered to run concurrently.
(2.) AS per the prosecution story a written report (Ex. P. 1) was handed over at Police Station Kotputli District Jaipur by informant Hanuman Sahai on October 4, 2002 with the averments that his daughter Munni Devi (since deceased) was married eight years back to Bhagwan Sahai (appellant ). Lot of dowry articles and cash were given in the marriage, but after the marriage Bhagwan Sahai and his family members started harassing Munni Devi in connection with the demand of dowry. Despite fulfilling their demand time and again their greed for dowry did not come to an end and they used to pester Munni Devi. She revealed entire unsavory situation to her sister when she met her at Kotputli. She at that time started crying as she had apprehension that they would kill her. On September 29, 2002 informant received a telephonic call from Satish that Munni Devi was hospitalised because of electric shock. Son of informant went to kotputli and found that Munni Devi was removed to Jaipur where she expired. There were strangulation marks on her neck. On the basis of report a case under sections 147, 498a, 304 B and 201 IPC was registered and investigation commenced. Statements witnesses got recorded, necessary memos were, accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Shahpura (Jaipur ). Charges under sections 302, 302/34, 201 and 498a IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. The learned trial Judge on hearing final submissions while acquitting co-accused persons convicted and sentenced the appellant as indicated herein above. It is contended by Mr. S. R. Bajwa, learned Senior Counsel that Symptoms found on the dead body could not establish that the death was caused by manual strangulation. As per postmortem appearances the death was suicidal in nature. Therefore charge under section 302 IPC could not be established beyond reasonable doubt. In order to analyse this contention when we look at the postmortem report (Ex. P. 12) of deceased Munni Devi we notice as under:- 1. Bruise (abraded) of size 9. 0 x 1. 5 cm horizontally oblique placed on left lateral aspect of neck, 80 cm below right ear lobule, 8. 0 cm above middle 1/3 part of let clavicle, on dissection fine extravation of blood in layer of skin is noticed (skin is preserved for Histopathology ). 2. On detailed dissection of neck following is observed: (1) A haematoma of size 1. 5 x 1. 0 cm red in colour over the sternoclido mastoid muscles and near to the medial end of injury No. 1 on left side, in the skin of the neck. (2) Another haematoma 2. 5 x 1. 5 cm on the posterior border of sternoclido mastoid in its middle 1/3 part. It found extending into the layer of skin as well as in the muscle mass. (3) Two haematoma each of size 1. 5 x 1. 0 cm and 3/4 x 3/4 cm on left and right side of posterolateral aspect of larynx tracheal apparatus, red in colour, below the level of Hyoid bone. On its soft tissue attachments. This part is preserved for Histopathelogical examination. Mucosa of tracheal apparatus is congested with multiple patecheal hemorrhages. As per the opinion of Dr. Sumant Dutta (PW. 16) the cause of death was manual strangulation. In Modi's Medical Jurisprudence and Toxicology (Twenty-third Edition) the Strangulation is defined as the compression of the neck by a force other than hanging. Weight of the body has nothing to do with strangulation. Ligature strangulation is a violent form of death, which results from constricting the neck by means of a ligature or by any other means without suspending the body. When constriction is produced by the pressure of the fingers and palms upon the throat, it is called as throttling. When strangulation is brought about by compressing the throat with a foot, knee, bend of elbow, or some other solid substances, it is known as mugging (strangle hold ). Types of Strangulation -Ligature strangulation -Throttling (manual strangulation-compressing with hand) -Mugging (compressing with firearm or foot or wrist) -Bansdola (wooden stick is used to compress the neck) -Garotting (a rope or a loincloth and a wooden stick as a lever to tighten the ligation is used) -Accidental strangulation (can arise in the course of a person's occupation when a neck tie or scarf is caught in moving machinery or belts as in mill workers or in an epileptic or an intoxicated person who may be helpless in extricating himself from such tight encirclement of the neck or in utero when the movements of the foetus cause the umbilical cord to be wound round into neck. Symptoms If the windpipe is compressed so suddenly as to occlude the passage of air altogether, the individual is rendered powerless to call for assistance, becomes insensible, and may die 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 convulsions precede delayed death. As in hanging, insensibility is very rapid, and death is quite painless. Cause of death Death is usually due to asphyxia (anoxic hypoxia), but it may be due to other causes, namely cerebral ischaemia or venous congestion, asphyxia and venous congestion combined, or shock due to reflex cardiac arrest (it accounts for at least half the deaths from manual strangulation ). Very rarely, the cervical vertebrae may be fractured. Probably, one or more causes may operate during strangulation. A pale face would indicate a rapid death from reflex cardiac arrest, while a cyanosed face with patechiae would suggest a delayed death. Postmortem Appearance (i) External Appearance (a) Appearances on the neck: Appearances on the neck vary according to the means used. Ligature on the neck should preferably be photographed before commencement of postmortem. (A) Ligature Mark : Ligature mark is a well-defined and slightly depressed mark corresponding roughly to the breadth of the ligature, usually situated low down in the neck below the thyroid cartilage, and encircling the neck horizontally and completely. The marks are multiple if the ligature is twisted several times round the neck, also more than one firm knot of the ligature is certain of homicide. The mark may be oblique as in hanging, if the victim has been dragged by a cord after he has been strangled in a recumbent posture, or if the victim was sitting and the assailant applied a ligature on the neck while standing behind him, thus using the force backward and upward. The base of the mark, which is known as a groove or furrow, is usually pale with reddish and ecchymosed margin. It becomes dry, hard and parchment-like, several hours after death, if the skin has been excoriated. The pattern of the ligature may also be seen. Very often, there are abrasions and echhymoses in the skin adjacent to the marks. In some cases, the mark in the neck may not be present at all, or may be very slight, if the ligature used is soft and yielding like a stocking or scarf, and if it is removed soon after death. A careful search of the neck may reveal minute fibres and any other material from the ligature. The fibres can be lifted off by sticking thin transparent adhesive tape 5cm long, around the ligature mark and its surroundings. This tape, later transferred to clean miscroscope slides, can be examined directly under microscope, for fibres. Inspection of the neck with oblique light, may show the pattern produced by ligature. Examination under ultraviolet light may also reveal the pattern and nature of the ligature. Kunnen et al, has described a Semi-Micro-Radiography Technique employed to detect fractures and dislocation of larynx due to strangulation or handing. Such skiagrams taken before commencement of postmortem will also rule out the possibility of a postmortem artefact, besides providing a permanent record to produce in the Court later. Such a technique, however, has not special advantage over dissection. (B) If fingers are used (throttling), marks of pressure by the thumb and the fingertips are usually found on either side of the windpipe. The thumb mark is ordinarily higher and wider on one side of the front of the neck, and the finger marks are situated on its other side obliquely downwards and outwards, and one below the other. However, the marks are sometimes founds clustered together, so that they cannot be distinguished separately. These fingertrip bruises, each disc-shapped and 1-2 cm in diameter, look like red bruises (six penny bruises) if examined soon after death, but they look brown, dry and parchment-like sometimes after death. One should refrain from drawing inference from the direction of curved abrasion, as to how the hand of the assailant might have been applied to the neck of victim. The inherent quality of the victim's skin, the shape and length of the fingernails of the assailant render such inferences extremely tenuous. This linear or crescentic marks produced by the fingernails are occasionally present, if the fingertips are pressed deeply into the soft tissues of the neck. A body, which is wet, may not reveal fingernail marks until drying of the skin of the body. When both hands are used to grasp and compress the throat, the thumb mark of one hand and the finger marks of the other hand are usually found on either side of the throat. Sometimes, both thumb marks are found on one side and several finger marks on the opposite side. If the throat is compressed between two hands, one being applied to the front and the other to the back bruises and abrasions may be found on the front of the neck, as well as on its back. Besides these marks there may be abrasions and bruises on the mouth, nose, cheeks, forehead, lower jaw or any other part of the body, if there has been a struggle. Similarly, fractures of the ribs and injuries to the thoracic and abdominal organs may be present, if the assailant kneels on the chest or abdomen of his victim while pressing his throat. (C) If a stick or a foot is used, there is a bruise in the middle of the front of the neck, generally across the windpipe, corresponding in width to the substance used. There will be a similar mark on the nape of neck, if two sticks are used. In such a case, severe local injury will be evident. (b) Appearance due to Asphyxia: The face is puffy and cyanosed, and marked with petechiae. The eyes are prominent and open. In some cases, they may be closed. The conjunctivae are congested and the pupils are dilated. Petechiae are seen in the eyelids and the conjunctivae. The lips are blue. Bloody foam escapes from the mouth and nostrils, and sometimes, pure blood issues from the mouth, nose and ears, especially if great violence has been used. The tongue is often swollen, bruised, protruding and dark in colour, showing patches of extravasation and occasionally bitten by the teeth. There may be evidence of bruising at the back of the neck. The hands are usually clenched. The genital organs may be congested and there may be discharge of urine, faeces and seminal fluid. (ii) Internal Appearance The neck and its structures should be examined after removing the brain and the chest organs, thus allowing blood to drain from the neck to the blood vessels. There is extravasation of blood into the sub-cutaneous tissues under the ligature mark or finger marks, as well as in the adjacent muscles of the neck, which are usually lacerated. Sometimes, there is laceration of the sheath of the carotid arteries, as also their internal coats with effusion of blood into their walls. The cornua of the hyoid bone may be fractured also the superior cornua of thyroid cartilage but fracture of the cervical vertebrae is extremely rare. These would be carefully dissected in situ as they difficult to distinguish from dissection artefacts in the neck. The larynx and trachea are congested, and contains frothy mucus. The cartilages of the larynx of the rings of the trachea may be fractured, when considerable force is used. A first or karate blow to the neck may result in fractures of superior cornuae of thyroid cartilage with vertical fracturing of the thyroid cartilage, besides vertical tears in the carotid arteries. Whether the Strangulation was Suicidal, Homicidal or Accidental: Suicidal strangulation is not very common, though sometimes cases are met with. In these cases, some contrivance is always made to keep the ligature tight after insensibility supervenes. This is done by twisting a cord several times round the neck and then tying a knot, which is usually single and in front or at the side or back of the neck, by twisting a cord tightly by means of a stick, stone or some other solid material, or by tightening the ends of a cord by tying them to the hands or feet or to a peg in a wall or to the leg of bed. In such cases, injuries to the deep structures of the neck and marks of violence on other parts of the body are, as a rule, absent. It is not possible for anyone to continue a firm grasp of the throat after unconsciousness supervenes, hence throttling by the fingers cannot possibly be suicidal. The differences between Hanging and Strangulation according to Modi are thus:- Hanging Strangulation 1. Mostly suicidal 1. Mostly homicidal. 2. Face-Usually pale and petechiae rare. 2. Face-congested, Livid and marked with petechiae. 3. Saliva-Dribbling out of the mouth down on the chin and chest. 3. Saliva-No such dribbling. 4. Neck-Stretched and elongated in fresh bodies. 4. Neck-Not so. 5. External signs of asphyxia, usually not well marked. 5. External signs of asphyxia, very well marked (minimal if death due to vasovagal and carotid sinus effect ). 6. Bleeding from the nose, mouth and ears very rare. 6. Bleeding from the nose, mouth and ears may be found. 7. Ligature mark- Oblique, non-continuous placed high up in the neck between the chin and the larynx, the base of the groove or furrow Being hard, yellow and parchment-like. 7. Ligature mark- Horizontal or transverse continuous, round the neck, low down in the neck below the thyroid, the base of the groove or furrow being soft and reddish. 8.Abrasions and ecchymoses round about the edges of The ligature mark, rare. 8. Abrasions and ecchymoses round about the edges of the ligature mark, common. 9.Subcutaneous tissues under the mark-White, Hard and glistening. 9. Subcutaneous tissues under the mark- Ecchymosed. 10.Injury to the muscles of the neck-Rare. 10. Injury to muscles of the neck-Common. 11.Carotid arteries, internal coats ruptured in violent cases of a long drop. 11. Carotid arteries, internal coats ordinarily ruptured. 12.Fracture of the larynx and trachea - Very rare and that too in judicial hanging. 12. Fracture of the larynx and trachea- Often found also hyoid bone. 13.Fracture-dislocation of the cervical Vertebrae- Common in judicial hanging. 13. Fracture-dislocation of the cervical vertebrae-Rare. 14.Scratches, abrasions and bruises on the face, neck and other parts of the body- Usually not present. 14. Scratches, abrasions fingernail marks and bruises on the face, neck and other parts of the Body- Usually present. 15.No evidence of sexual assault. 15. Sometimes evidence of Sexual assault. 16.Emphysematous bullae on the surface of the lungs-Not present. 16. Emphysematous bullae on the surface of the lungs-May be present.
(3.) IN the autopsy report of deceased cerotid arteries, internal coats were not found ruptured. Fracture of the larynx and trachea was also not found. Scratches, abrasions and fingernail marks on the face, neck and other parts of the body were not found present. IN view of these symptoms it could not definitely opined that death was caused by manual strangulations. Dr. Sumant Dutta (PW. 16) in his cross examination deposed thus:- *** On external examination of neck one ligature mark of noose was found ). Dr. Sumant Dutta further stated thus:- *** (This case could be possible by partial hanging ). IN view of the above statements of Dr. Sumant Dutta, the possibility that Munni Devi committed suicide by handing herself cannot be ruled out. Star witness of the prosecution Bajrang Agrawal (PW. 19), who is elder son of the deceased, in his deposition stated as under:- *** (my mother hanged herself and died) Other eyewitnesses Satya Narayan (PW. 5), Shravan Lal (PW. 9) and Kamal Saini (PW. 11) also did not support the prosecution case and they were declared hostile. Learned trial Court convicted and sentenced the appellant on the basis of circumstantial evidence. Having analysed the material on record we find that the appellant used to harass the deceased and because of such harassment she committed suicide. The ratio indicated in Trimukh Maroti Kiran vs. State of Maharashtra [2006 (2) Western Law Cases SC 673], is not applicable to the facts of the instant case. Corresponding burden under Section 106 Evidence Act has been discharged by the appellant and it cannot be held that the appellant committed offence under Section 302 IPC. ;