Document Fragment View

Matching Fragments

"External examination- average body built female, pugilistic appearance, redness present, eyes closed, mouth closed.
Ante time injuries-
Superficial to deep burn all over the body except both soles, Perineum and some part of right leg skin peeled off at places, scorched hair. Burnt area about 95%.
Internal examination-
Brain congested, Trachea congested with carbon particles, both lungs congested, right heart full, left empty (100 gm), stomach empty, gall bladder congested, spleen congested, both kidney congested, bladder empty.
The estimated time of death was about one day."

10. In the opinion of the doctor, death was caused due to shock on account of burnt injuries and the proximate time of death was one day ago. P.W-6 stated that he had given two sealed envelop, postmortem report, papers of inquest and a sealed bundle of clothes to Constable CP 1257 Tejpal Singh, P.S-Afjalgarh. The appearance of the body mentioned as 'pugilistic' with redness was explained by P.W-6 to be a condition on the body which occur when some one is burnt alive. On a suggestion, P.W-6 stated that even on getting such burnt injuries it was possible that the deceased was not unconscious, she, however, could be unconscious also. Most of the part of the body including neck was burnt and it was possible to have difficulty in talking clearly. He further stated that he did not write in the report that the smell of kerosene oil was coming from the body. In cross, P.W-6 stated that it was possible that the deceased had suffered burn injuries at about 9.00 p.m on 01.08.2006.

49. From the statement of P.W-2, it is proved that the deceased was admitted in the hospital in burnt state and she had died therein.

50. From the statement of P.W-3, the Gram Pradhan, it is proved that he took the deceased to the hospital in a burnt state and got her admitted therein. The deceased was talking while she was admitted in the hospital and was taking names of her brothers-in-law saying that they had set her on fire. It is further proved from the statement of the doctor namely P.W-5 that when the deceased was admitted in the hospital she was in a fit mental state to talk. From the statement of P.W-6 (autopsy surgeon), it is proved that the injuries found on the person of deceased was superficial to deep burn and as per the opinion of the doctor, the external condition of the body was "pugilistic" appearance and redness which appear when a person is burnt alive. From the recovery memo (Exhibit Ka-6) and the bundle of clothes prepared by the post mortem doctors, it seems that the deceased had removed all her clothes in an effort to save her from burning while she was turning over and over in the open place in the Varandah of the house. The appellant Resham Singh was a normal resident of the house alongwith another appellant (who had died during the pendency of the appeal). No plausible explanation is forthcoming from the appellant Resham Singh as to what had actually happened in the house on the fateful day. The burden laid on the appellants under Section 106 of the Evidence Act in view of the prosecution evidence had not been discharged by them.