Punjab-Haryana High Court
Bijender vs State Of Haryana on 5 March, 2019
Author: Kuldip Singh
Bench: Kuldip Singh
CRA-D-1282-DB of 2015 ( O&M ) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA-D-1282-DB of 2015 ( O&M )
Reserved on : 27.02.2019
Date of decision : 05.03.2019
Bijender
.... APPELLANT
Versus
State of Haryana
..... RESPONDENT
CORAM :- HON'BLE MR. JUSTICE RAJIV SHARMA
HON'BLE MR. JUSTICE KULDIP SINGH
Present: Dr. Surya Parkash, Advocate,
for the appellant.
Ms. Shubhra Singh, Addl. A.G., Haryana.
***
RAJIV SHARMA, J.
1. This appeal is instituted against the judgment dated 22.07.2015 and order dated 24.07.2015, rendered by learned Additional Sessions Judge, Karnal, in Sessions Case No. 96 dated 13.08.2014, whereby appellant Bijender, who along with his co-accused Santro was charged with and tried for the offences punishable under Sections 498-A, 304-B and 302 read with Section 34 of the Indian Penal Code, was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 20,000/- under Section 302 of the Indian Penal Code. In default of payment of fine, he was 1 of 12 ::: Downloaded on - 10-03-2019 10:20:25 ::: CRA-D-1282-DB of 2015 ( O&M ) 2 sentenced to further undergo sentence for six months. His co-accused Santro was acquitted of the charges.
2. The case of the prosecution, in a nutshell, is that complainant Kanak Singh (PW.5) had made statement on 04.06.2014 to the effect that his daughter Reena was married to Bijender on 18.03.2008 according to Hindu rites and ceremonies. He had given sufficient dowry. However, in- laws of his daughter treated her with cruelty. She was beaten by them about three years back. The matter was reported to the police. However, it was resolved. The in-laws of his daughter raised demand of cash and a motor cycle. He gave Rs. 15,000/-. He had also given Rs. 1,00,000/- for construction of the house. However, the house was not constructed. Her husband Bijender, mother-in-law Santro and jeth Vikram used to beat her. She narrated the incident to him, his wife and her brother. His daughter made a telephone call to her mother three-four days prior to the occurrence. She informed her mother that her husband Bijender, mother-in-law Santro and jeth Vikram were again harassing her and demanding more dowry. He received information about the death of his daughter on 04.06.2014 at about 9.15 AM. He along with his other family members reached village Uplana. He found the dead body of his daughter lying on a cot. He noticed blue spots on her neck. It is in these circumstances that the FIR was registered. Body was sent for post-mortem examination. Dr. Mahinder Singh (PW.7) along with Dr. Munish Kumar conducted the post-mortem examination on the body of Reena vide post-mortem report Ex.P14. The investigation was completed and challan was put up after completing all the codal formalities.
3. The prosecution examined as many as eight witnesses in 2 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 3 support of its case. Statements of the accused were also recorded under Section 313 Cr.P.C. According to them, they were falsely implicated. Appellant Bijender took the defence that his wife committed suicide by hanging, because she was not satisfied with his job and qualification. He further pleaded that after leaving job from the hospital, his wife was not feeling comfortable. The appellant examined one witness in his defence.
4. The appellant was convicted and sentenced, as noticed above. Hence, this appeal.
5. Learned counsel appearing on behalf of the appellant vehemently argued that the prosecution has failed to prove its case against the appellant. Learned counsel appearing for the State vehemently argued that the prosecution has proved its case against the appellant beyond reasonable doubt. She supported the judgment and order of the learned Court below.
6. We have heard learned counsel for the parties and gone through the judgment and record very carefully.
7. PW.1 Vir Shakti Singh visited the spot on 21.06.2014 and prepared scaled site plan Ex.P1.
8. PW.3 HC Satish Kumar deposed that he was joined in the investigation. Accused Bijender made a disclosure statement Ex.P4. The accused led the police party to the spot and demarcated the place of occurrence.
9. PW.5 Kanak Singh is the complainant. He is father of the deceased. According to him, marriage of his daughter was solemnized with appellant Bijender on 18.03.2008. Bijender, his mother and elder brother 3 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 4 used to demand dowry. He gave Rs. 15,000/- to settle his daughter. He also gave Rs. 1,00,000/- for construction of house. The house was not constructed. He received a telephone call on 04.06.2014 that his daughter had expired. He along with his family members went to village Uplana. The dead body of his daughter was lying on a cot. The accused were not present in the house. He noticed blue spots on both sides around the neck of his daughter. He doubted that his daughter was killed by her husband, jeth Vikram and mother-in-law Santro. His statement was recorded on 04.06.2014 vide Ex.P9. His supplementary statement was also recorded on that very day. In his cross-examination, he stated that he was working as mason. He admitted that during six months, no demand was raised. There was also no demand at the time of engagement as well as before marriage or at the time of marriage. Bijender was running the business of Atta Chakki (flour mill). He was 10th standard pass. The house of Bijender was a double storied house. There were two rooms on the ground floor and two rooms on the first floor. Bijender used to sleep on the first floor. Reena used to do job in a hospital in Assandh. She left the said job about one year prior to the incident. He had submitted an application to the police three years prior to the incident regarding giving of beatings to his daughter by the accused. However, the matter was settled by the Panchayat.
10. PW.8 ASI Ramesh Chand deposed that he reached the spot on 04.06.2014. He recorded the statement of complainant Kanak Singh vide Ex.P9. He prepared rough site plan Ex.P16. Body was sent for post-mortem examination. Accused Bijender was produced by Sarpanch of village Uplana before him on 06.06.2014. He made disclosure statement Ex.P4 and 4 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 5 got recovered Chunni (scarf). The Chunni (scarf) is Ex.MO1. He prepared the site plan. Accused Santro was arrested on 11.06.2014. In cross- examination, he deposed that during his spot inspection, it was found that Reena since deceased committed suicide by hanging herself in the room at first floor. The inner bolts of the door of the room where Reena committed suicide were found broken. It came during his investigation that family of the complainant was well educated. Accused Bijender was running the business of Atta Chakki (flour mill), rice sheller and oil grinder on small scale.
11. PW.7 Dr. Mahinder Singh along with Dr. Munish Kumar had conducted the post-mortem examination. He proved the post-mortem report Ex.P14. According to opinion of the doctors, death was caused due to asphyxia as a result of manual strangulation, i.e. throttling. They noticed the following injuries on the body of the deceased :
"Ligature mark with dimensions, total length 38 cm, running downwards and obliquely over anterior part of neck, then right side of neck upto a point 5 cm from occiput. L.M. is 6 cm from chin anteriorly, 10 cm from right mastoid process on right side of neck, 3 cm from thyroid protuberance. (1) A dark purplish bruise measuring 5 cm x 1 cm on left sub mendabular region (2) A dark purplish bruise on left side of neck adjacent to thyroid region measuring 1 cm x 0.5 cm. On deep dissection, the sub cutaneous tissues were found infiltrated with blood in both above said injuries. On further dissection, right greater cornua of hyoid bone was found broken, with infiltration of blood in broken ends of greater cornua."
The time that elapsed between injury and death was within five minutes and 5 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 6 the probable time between death and post-mortem examination was within 12 hours. In his cross-examination, he deposed that they did not notice any sign of violence/injury, external or internal, on any part of the body, except as described in the post-mortem report. He further testified that in the present case, possibility of partial hanging could not be ruled out as far as the ligature mark is concerned. In case of hanging or partial hanging, possibility of fracture of hyoid bone cannot be ruled out. He admitted that as per the inquest papers supplied by the Investigating Officer at the time of conducting post-mortem examination of the body, it was mentioned that the tongue was clenched between teeth. However, they did not observe so at the time of examination of the body.
12. The Forensic Science Laboratory Report is Ex.PX. No common poison was detected in exhibit-1a, 1b and 1c.
13. DW.1 Govind Singh deposed that Bijender was his cousin. On 04.06.2014 in the morning, he had gone to the house of his aunt Santro Devi to meet her. He met his aunt. He wanted to meet accused Bijender as well but he was busy on his flour mill. He went upstairs to meet his sister-in-law. He went up-stairs. He found the door of the room bolted from inside. He knocked at the door three/four times but it was not opened. He also called his sister-in-law while standing outside, but no response was there. He peeped through the window and saw that his sister-in-law Reena was hanging from the roof with a Chunni (scarf). He raised alarm. Bijender came on the spot. The door was opened with force. Then, after loosing and untying the knot, they got down Reena. Bijender informed parents of Reena. In his cross-examination, he admitted that he was a student of B.Tech final 6 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 7 year in Naraini Group of Institutions at Chirao Karnal. It was situated at a distance of 30 Kms. from his village. He passed 10 +2 class in the year 2011 from DAV Secondary School, Karnal. His college timings were 9.00 AM to 4.30 PM. Accused Santro Devi and his mother Kitabo were real sisters. His father and father of accused Bijender were also real brothers. He visited the house of Santro Devi at about 7.00 AM. His statement was not recorded by the police. The police told him to stay away from the spot. He could not tell the name of the police official who asked him to stay away. He had not approached higher authorities. He had not called 100 number. He used to visit his aunt after two-three days. He never visited his sister-in-law when she was alone in her room upstairs. There were two windows in that room. He did not remember in which direction those windows opened.
14. According to the Board of Doctors, consisting of Dr. Mahinder Singh (PW.7) and Dr. Munish Kumar, who conducted the post-mortem examination, the cause of death was asphyxia, as a result of manual strangulation, i.e. throttling. PW.7 Dr. Mahinder Singh has proved the post- mortem report Ex.P14. We have also gone through the injuries mentioned in the affidavit filed by PW.7 Dr. Mahinder Singh vide Ex.PW7/A. These injuries points out that it is a case of strangulation and not hanging.
15. PW.5 Kanak Singh had visited the spot. He found the dead body of his daughter lying on a cot. He noticed blue spots on both sides around her neck.
16. DW.1 Govind Singh in his cross-examination admitted that he was a student of B.Tech final year in Naraini Group of Institutions at Chirao, Karnal, which was at a distance of 30 Kms. from his village. In 7 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 8 normal circumstances, he should have gone to his College, instead of going to his aunt's house in the morning. He himself has admitted that he never visited the room of his sister-in-law when she was all alone. He did not remember in which direction, the windows of her room opened. In case, he had seen his sister-in-law hanging, he should have informed the police. His explanation is that he had tried to narrate the incident to the police, but the police asked him to stay away. However, he did not lodge any report in this regard to the higher authorities.
17. The plea taken by the appellant is that his wife Reena committed suicide, because she was not happy with his status. It has come on record that the appellant was running a rice sheller, flour mill and a oil grinder on small scale. He was Matriculate. It has not come in evidence that what was the qualification of the deceased, except that she was serving in a hospital, but subsequently, she left her job. The plea taken by the appellant in his statement under Section 313 Cr.P.C. has rightly been disbelieved by the trial court that his wife was not satisfied with his job and qualification, and she was not comfortable after leaving her job. The appellant took the defence that the deceased was suffering from depression. However, there is no medical evidence to this effect.
18. The ocular evidence is duly supported by the medical evidence that it is a case of manual strangulation, not hanging. The characteristics of hanging are lacking in this case. Modi in his 'Medical Jurisprudence and Toxicology' has said that 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). Modi has also observed 8 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 9 that 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. According to Modi, 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. While explaining appearances due to asphyxia, Modi has stated that the face is puffy and cyanosed, and marked with potechiae. The lips were 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. The hands are usually clenched. Under the heading `internal appearance', it has been stated that there is extravasation of blood into the sub-cutaneous tissues under ligature mark or finger marks, as well as in the adjacent muscles of the neck, which are usually lacerated. 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. The larynx and trachea are congested, and contain frothy mucus. Difference between hanging and strangulation has been explained by Modi in tabulated form as under :
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CRA-D-1282-DB of 2015 ( O&M ) 10
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 3 Salvia-No such dribbling.
down on the chin and chest.
4 Neck-Stretched and elongated in 4 Neck-Not so.
fresh bodies.
5 External signs of asphyxia, usually 5 External signs of
not well marked. asphyxia, very well
marked (minimal if death
due to vasovagal and
carotid sinus effect).
6 Ligature mark-Oblique, non- 6 Ligature mark-Horizontal
continuous placed high up in the or transverse continuous,
neck between the chin and the round the neck, low down
larynx, the base of the groove or in the neck below the
furrow being hard, yellow and thyroid, the base of the
parchment-like. groove or furrow being
soft and reddish.
7 Abrasions and ecchymoses round 7 Arbasions and
about the edges of the ligature mark, ecchymoses round about
rare. the edges of the ligature
mark, common.
8 Subcutaneous tissues under the 8 Subcutaneous tissues
mark-White, hard and glistening. under the mark-
Ecchymosed.
9 Injury to the muscles of the neck- 9 Injury to the muscles of
Rare. the neck-Common.
10 Carotid arteries, internal coats 10 Carotid arteries, internal
ruptured in violent cases of a coats ordinarily ruptured.
long drop.
11 Fracture of the larynx and trachea- 11 Fracture of the larynx
Very rare and may be found that trachea and hyoid bone.
too in judicial hanging.
12 Fracture-dislocation of the cervical 12 Fracture-dislocation of
vertebrae-Common in judicial the cervical vertebrae-
hanging. Rare.
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CRA-D-1282-DB of 2015 ( O&M ) 11
13 Scratches, abrasions and bruises on 13 Scratches, abrasions
the face, neck and other parts of the fingernail marks and
body-Usually not present. bruises on the face, neck
and other parts of the
body-Usually present.
14 No evidence of sexual assault. 14 Sometimes evidence of
sexual assault.
15 Emphysematous bullae on the 15 Emphysematous bullae on
surface of the lungs-Not present. the surface of the lungs-
May be present.
19. In this case, on dissection, subcutaneous tissues were infiltrated with blood. On further dissection, right greater cornua of hyoid bone was found broken with infiltration of blood in broken ends of greater cornua. Dark purplish bruises were also noticed. The doctors have also noticed ligature mark over anterior part of neck. In case of hanging, injuries to muscles of the neck are rare. However, in the instant case, the purplish bruises were noticed on the neck. The ligature mark with total length of 38 cms. was running downwards over anterior part of neck, then right side of neck upto a point 5 cm from occiput. L.M. was 6 cm from chin anteriorly, 10 cm from right mastoid process on right side of neck, 3 cm from thyroid protuberance.
20. According to 'Forensic Science in Criminal Investigation & Trials' (Fourth Edition) by Shri B.R. Sharma, identifying signs of hanging are : Dribbling from the mouth; elongated neck; and the base surface of the groove parchment like. In the instant case, there was no dribbling from the mouth. The neck was also not elongated. Hence, it is not a case of hanging.
21. The appellant has also not explained the circumstances under 11 of 12 ::: Downloaded on - 10-03-2019 10:20:26 ::: CRA-D-1282-DB of 2015 ( O&M ) 12 which his wife died in his house under Section 106 of the Indian Evidence Act, 1872. No furniture etc. was found in the room, which could be used by the deceased to hang herself. The Chunni (scarf), which was recovered, is soft in nature.
22. Accordingly, there is no merit in the instant appeal and same is dismissed. The judgment dated 22.07.2015 and the order dated 24.07.2015 are upheld.
( RAJIV SHARMA )
JUDGE
March 05, 2019 ( KULDIP SINGH )
ndj JUDGE
Whether speaking/reasoned Yes
Whether Reportable Yes
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