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(ii) The duty compounder Mr. M.S Khan, Civil Hospital, Ujjain sent information to the police station on 02.07.2009 that Madhu w/o Santosh was brought dead at 11.30 hrs. and the dead body was lying in the mortuary room. A Marg No.50/2009 was registered at police station Neelganga, district Ujjain under section 174 Cr.P.C. The Investigating Officer immediately rushed to the City Hospital, Ujjain.

In presence of 5 witnesses, after drawing the safeena form, prepared a Lash Panchayatnama at 13.25 hrs. He found ligature marks on the neck of the dead body and the death was found to be unnatural, hence advised for postmortem vide Ex.P/44. Vide Ex.P/8 the dead body was sent for postmortem. A panel of 3 doctors viz. Dr.Achala Mahajan, Dr.Ajay Nigam and Dr B.B.Purohit conducted the autopsy of the dead body at 3.00 p.m. After examination, the doctors found rigour mortis present all over the body from head to feet, face congested, eyes semi- closed, eyes congested, no external injury and hyoid bone was found fractured (inward compressed fracture) (antemortem injury). After internal examination, the right chamber of the heart was found full of dark red blood and the left chamber was found empty. Thereafter, a final opinion was given that the mode of death is asphyxia and the cause of death is as a result of throttling within more than 3 hours but within 12 hours from the time of postmortem. A specific finding has been given about the homicidal manner of death. In respect of ligature marks on the neck, the doctors have opined that the marks are postmortem in nature. The part of the final report given vide Ex.P/10 is reproduced below:

9. Per contra, Smt.Mamta Shandilya, learned GA for the State has vehemently opposed the aforesaid prayer by submitting that as per the opinion of the team of 3 doctors the ligature marks are postmortem in nature. No sign of hanging was found in the room. Except for the appellant, no one was in the room. The hyoid bone was found fractured, the presence of the appellant has been established by PW/2 in the house at the time of death. The appellant tried to create false evidence about the suicide of Madhu after committing the murder, hence she has rightly been convicted u/s 302 & 201 of the IPC. No case for interference in the impugned judgment is made out, hence the appeal is liable to be dismissed. It is further submitted that against the acquittal of Santosh, Sunil and Tejaram the State Government had filed an application seeking leave to appeal which was registered as MCRC No. 7501/2011 and vide order dated 11.1.2011 this court had declined to grant leave, hence the acquittal of 3 other co-accused have attained finality.

We have heard learned counsel for the parties at length and perused the record.

10. The investigation agency set into motion after receipt of the information from the civil hospital that the Madhu w/o Santosh was brought dead by the husband and inlaws. As per the Naksha Panchayatnama, the ligature marks were found on the neck of the dead body, hence it was found to be unnatural death, therefore, the dead body was sent for postmortem. A team of three doctors conducted the autopsy and opined that there was an inward compressed fracture of hyoid bone which is an ante-mortem injury. The cause of death was as a result of throttling within 3 to 12 hours and she died due to asphyxia. So far the ligature marks are concerned, a specific opinion has been given that the marks are having no vital sign underneath i.e. marks are postmortem in nature. The prosecution has examined Dr B.B Purohit, who was posted at the district hospital, Ujjain and was one of the members of a panel of doctors who conducted the autopsy. According to him, on the neck, there was no vital sign in the internal part of the ligature marks. The laryngeal cartilage and windpipe were found fractured. So far as the internal parts are concerned, he states that thyroid cartilage was found broken. The compression was inward. The lungs were congested. The left chamber of the heart was filled with dark red colour blood and the right chamber was empty and according to his opinion, the cause of death was asphyxia due to throttling of the neck by hand. He has also explained the reply given to the query report that the ligature mark was created after the death. In cross-examination, he has admitted that except injury of throttling, no other injury was found. He did not find any blood on the nose, ear and mouth. He was confronted with the postmortem report of Dr.Rakha in which the postmortem was carried out again but he was not aware of the conclusion, therefore, the opinion and findings given by the panel of doctors in respect of the cause of death establish that Madhu died because of asphyxia due to throttling of neck by hand and thereafter the ligature marks were created in order to give a nature of death by hanging.