A. K. MATHUR, J. - (1.) THIS appeal is directed against the judgment dated 29,2. 1984 passed by the learned Additional Sessions Judge, Raisinghnagar, whereby the learned Judge convicted the accused appellant under Section 302 I. P. C. and sentenced him to life imprisonment with fine of Rs. 3000/- and in default of payment of fine to further undergo 3 years' rigorous imprisonment. The learned Judge also convicted the accused under Section 201 I. P. C. and sentenced to undergo 2 years rigorous imprisonment. He has, however, acquitted the accused under Section 120-B I. P. C. The substantive sentences were directed to run concurrently.
(2.) THE brief facts which are necessary for the convenient disposal of this appeal are that on 21. 9. 1982 Inder Singh filed a written first information report before the Additional Superintendent of Police, Sri Ganganagar, who in turn forwarded the same for investigation to the Station House Officer, Vijaynagar. It is alleged that his sister Piyaro Devi was married to accused appellant Kashmir Singh about 3 years ago. It is alleged that out of this wed-lock one son was borne to Mst. Piyaro. it is alleged that after the marriage the accused Kashmir Singh and other members of his family used to maltreat Mst. Piyaro as she did not bring sufficient dowry in her marriage. On account of this maltreatment, she came to reside with her parents and remained there for about one year. THEreafter a Panchayat was held and Kashmir Singh took Piyaro with him again to his house. Inspite of the Panchayat Mst. Piyaro was not being treated properly by her in-laws. On 20. 9. 1982 at about 11 P. M. Gurudayal Singh along with a constable came to him and informed that his sister is hanging from ceiling and she has committed suicide. He immediately rushed to the house of his sister along with other persons and on reaching there he saw the body of his deceased sister hanging from ceiling. He doubted right from-the beginning that it is a case of murder and thereafter it has been shown to be a case of suicide by hanging. He further complained that the police did not take necessary care and get the body of his sister cremated. He doubted about the fairness of the investigation. : On this report the S. H. O. , Police Station, Vijaynagar took up the investigation and registered a case against 5 accused persons, namely, Kashmir Singh, Jhandu Singh, Naresh Singh, Laxman Singh and Vidhya Bai and charged them under Sections 302, 201 and 120-B I. P. C. THE case was ultimately committed to the Court of Sessions which came to be disposed of by the learned Additional Sessions Judge, Raisinghnagar. The prosecution in support of its case examined as many as 13 witnesses and got exhibited number of documents. The accused examined one D. W. 1 Deep Chand in defence. The learned trial Judge after due trial found that it was not a case of suicide by hanging but it was a case of murder and thereafter the deceased was hanged so as to give colour of suicide by hanging. The learned Additional Sessions Judge, however, acquitted the other 4 accused persons and found that accused Kashmir Singh has committed the murder of Mst. Piyaro and he convicted the accused appellant as aforesaid. Hence the present appeal. Mr, Garg, learned counsel for the appellant strangeously urged that this was a plain and simple case of suicide by hanging. Learned counsel submitted that the nature of injuries sustained by the deceased corresponds with the symptoms of suicide and not of homicide. Learned counsel further submitted that there is no direct evidence to connect the accused with the crime. Learned counsel has taken us to the statements of the witnesses to show that the accused has been wrongly convicted. As against this, learned Public prosecutor contested the position and submitted that it is a plain and simple case of homicide and thereafter the deceased was hanged from the ceiling so as to show that it is a case of suicide by hanging. The learned Public Prosecutor has taken us to the statements of witnesses and especially the statement of P. W. 1 Parmanand who is an eyewitness and who named the accused. Learned Public Prosecutor also submitted that this clearly proves the guilt of the accused. We have gone through the record and heard both the learned counsel.
(3.) SO far as the first question whether it is a case of suicide or homicide is concerned, it is necessary to refer to the medical evidence. P. W. 12 Mr. Sahi Ram who has conducted the post-mortem of the deceased, has pointed out that the cause of death was strangulation. P. W. 12 Dr. Sahi Ram has pointed out that a 1-1/2" broad ligature mark was seen transverse and continuously around the neck above the thyroid cartilage. No marks of injuries were seen on the neck or around the ligature mark. On dissection of ligature mark, the subcutaneous tissue was reddish and muscles are ruptured and blood (clotted) was present in the tissue and the tracheal rings are compressed and the Larynx and trachea are congested. He also deposed that the neck was not elongated, The ligature which was encircling whole of the neck and there was no incontinuity of the ligature mark, The ligature marks on dissection found reddish sub-cutaneously where as in hanging it remains whitish. The feet were completely touching the ground. There were plenty of knots on the neck and plenty of knots were also present on ceiling. Head was not inclined left or right. The saliva was not dribbling or oozing from mouth. From the above circumstances the Doctor came to the conclusion that it was a case of strangulation. After giving our best of the consideration to the arguments of Mr, Garg, learned counsel for the appellant as well as the learned Public Prosecutor and the evidence on the record, it appears that the nature of injuries clearly shows that it was a case of homicide and thereafter the girl was hanged. Modi in his Medical Jurisprudence and Toxicology (Twenty First Edition) has catalogued the differences between hanging and strangulation which reads as under :- Hanging : Strangulation 1. Mostly suicidal. : 1. Mostly homicidal. 2. Face, usually pale and petechia rare. : 2. Face, congested, livid and 3. Saliva, dribbling out of the mouth down on the chin and chest. : marked with petechia. 4. Neck, stretched and elongated in fresh bodies. : 3. Saliva, no such dribbling. 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 rate. : 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 of furrow being hard, yellow and parchment-like. : 7. Ligature mark horizontal transverse continuous, round the neck, lay down in the neck below the thy roid, 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 ecchymosis round about the edges of 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 the muscles of 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 finger's nail 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. Emphysemaous bullae on the surface of the lungs not present. : 16. Emphysemaous bullae on the surface of the lungs, may be present ;