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Shri Yadav than recorded the statement of Kali Ram Jamadar (Ex.34) and forwarded the same to the police station for registering a case. Kartar Singh H.C. registered Crime No. 87/82 under Section 302 IPC vide F.I.R. Ex.P.3 at 3.26 A.M. Shri Yadav got photographs of the dead body taken, held inquest upon it and then sent it for post mortem examination. He seized the holdall, the gunny bags, the gadda and the broken bangles and sealed them.

Dr. L.T. Ramani (PW 17) held post mortem examination on the same day and found that the deceased was aged about 25 years, medium complexioned (on fairerside), with a well built body and of a height of 5'-2". Besides the clothes and the bangles mentioned above, he found a 'tilli' in her left nostril. The body was decomposed and fluid was oozing out of the nostrils. Her eye-balls were decomposed, nails were blue and felling out and the tongue was protruding in between the teeth. He removed the coir rope which was encircling the neck and found a deep constricting groove, horizontally placed on the middle of the neck over the thyroid cartilage all around the neck. The width of the ligature mark varied from 1/2" to 3/4" at places. On internal examination of the dead body Dr. Ramani found that the scalp tissues were normal, skull bones were intact and brain was congested. On dissection of the neck tissues he found effusion of blood there, hyoid bone intact and trachea contained fluid and was congested. The ribs were intact. Lungs showed signs of decomposition and the heart was decomposed and the chambers were empty. Dr. Ramani opined that the ligature mark was caused by the rope present around the neck and was ante- mortem. He further opined that the ligature was sufficient to cause death in ordinary course of nature and that the deceased had died due to asphyxia resulting from strangulation. As the dead body had been reported to have been found in a hold-all Dr. Ramani opined that her death had taken place two to three days before. Later, on June 4, 1982, when Shri Yadav the Investigating Officer, further enquired of him whether the time between her death and the autopsy could be more or less that what he had mentioned in his report, Dr. Ramani it could be 4 to 5 days but in no case it could be later than the time he had mentioned earlier. Dr. Ramani preserved the viscera, scalp and pubic hair and handed over the same to the constable in sealed condition. The clothes and the glass bangles were also handed over to the constable, but not in sealed condition, as they were required for identification purposes. However, the 'tilli` was removed from the nostrils of the deceased. On chemical examination of the viscera, Dr. K.S. Chabra (P.W.25), Senior Scientific Officer cum Assistant Chemical Examiner of the Central Forensic Science Laboratory, New Delhi found that it was positive for methyl alcohol.

While there cannot be any quarrel with the proposition that on the prosecutions's failure to prove either of the above facts its entire case would fail, we are unable to accept the contention of Mr. Gupta that those facts have not been established in the instant case. As noticed earlier the prosecution sought to establish the identity of the deceased by the identification of the clothes and glass bangles found on her person and also the photographs taken of the dead body. from the evidence of Shri Yadav (P.W.38) and the inquest report he prepared (Ex.P.162 and 162A) it is found that the deceased had on her person a red printed sari, woolen sweater and a number of red coloured glass bangles. Smt. Malti (P.W.30) had identified the above articles as belonging to Rama and further stated that the glass bangles had been given to Rama by her on the occasion of the 'Holi' when she had visited her. She also testified, on being shown the enlarged photographs of the deceased, that those were of her sister. Both the trial Court and the High Court discussed the evidence of Malti in this regard and found the same trustworthy. This apart, the Courts below noticed thatthe description of wearing apparels of Rama as given by Bal Kishan Dass in the missing report (Ext. P.31) tallied with the description of the articles found on the person of the deceased. From the judgments we further find that all the comments that were made on behalf of the defence against acceptance of the evidence of identification have been aduquately dealt with and rejection. Having gone through the evidence of Malti we do not see any reason whatsoever to disturb the above concurrent findings. So far as the cause of death of Rama is concerned the Courts below have also given detailed reasons for accepting the opinion of Dr. Ramani (PW 17) in preference to that of Dr. Jangid (D.W.4), who opined that the death was not due to strangulation. One of the reasons so given is that Dr. Jangid had expressed its opinion solely on the basis of the report submitted by Dr. Ramani after holding the autopsy and that he had no occasion or opportunity to see and examine the dead body itself; and in fortification thereof the Courts relied upon the following passage from the judgment of this Court in Piara Singh Vs. State of Punjab AIR 1977 SC 2274: