http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 14  

PETITIONER: MULAKH RAJ ETC.

       Vs.

RESPONDENT: SATISH KUMAR AND OTHERS

DATE OF JUDGMENT10/04/1992

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. KULDIP SINGH (J)

CITATION:  1992 AIR 1175            1992 SCR  (2) 484  1992 SCC  (3)  43        JT 1992 (2)   554  1992 SCALE  (1)804

ACT:      Criminal Law :      Indian Penal Code, 1860: Sections 302 and 201-Death  of wife-Strangulation  and destruction of dead body by  burning to destroy evidence-Sessions Court convicting husband on the basis   of   post-mortem  report  and  medical   and   other circumstantial  evidence-Acquittal  by  High   Court-Whether justified-Symptoms  on  dead  body  showing  death  due   to pressure  on  neck-Medical  evidence  revealing  ante-mortem strangulation  and  95% post-mortem  burn  injuries-Doctor’s evidence clear, cogent, truthful, reliable and  conclusively establishing  death  due to asphysxia, and  consistent  with medical  jurisprudence-Circumstantial  evidence   connecting husband-accused with the crime-Hence death homicide and  not suicide-High  Court  not  justified  in  reversing   Court’s conviction of husband-Accused.      Criminal Trial      Murder of wife-Motive-Proof-Absence of-Whether material when facts are clear-Whether breaks the link in the chain of circumstances connecting husband accused with the crime.      Murder  of wife and destruction  of  evidence-Suspicion that someone amongst parents and brother of  husband-accused might have facilitated accused to screen evidence-Whether  a substitute  for  proof-Acquittal  of  these  accused-Whether proper.      Medical Jurisprudence :      Ante-mortem  and post-mortem burn  injuries-Distinction between.

HEADNOTE:      The  first  respondent, his brother  and  parents  were charged  under Section 302 read with section 34 and  section 201  I.P.C.  for the murder of first respondent’s  wife  and screening of evidence.                                                   485      After seventeen months of marriage of the deceased with the  first respondent, PW.15, deceased’s brother received  a telegram  that his sister had died.  Immediately,  the  same night at 9.00 P.M., he came to the first respondent’s  place and  found  that his sister was dead.  He alleged  that  the first respondent had made extra judicial confession that the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 14  

deceased was strangulated for not getting the dowry of their demand,  and that she was burnt to destroy the evidence  and sought  pardon  of  him.   He   sent  for  his  people.    A compromise  was  mooted to which he was  not  agreeable.   A complaint  was lodged with the police the next  day.   PW.1, the  doctor, held the autopsy and found that the  death  was due to asphyxia.      The  prosecution adduced evidence of PWs. 9 and 15  for the  motive  of  demand  for  more  dowry,  extra   judicial confession  of first respondent, said to have been  made  to PW.15  that the deceased was strangulated, for  not  getting dowry  of  their demand and burnt to destroy  evidence,  and recoveries etc.      PW.1,  the  Doctor, who conducted  post-mortem  in  his evidence stated that the deceased died due to asphyxia, as a result   of   strangulation,  which  was   ante-mortem   and sufficient to cause death in the ordinary course of  nature, and that burn injuries were 95 per cent, on the entire  body except  on the feet, and these were post-mortem.      The  Sessions  Judge  disbelieved  the  extra  judicial confession  spoken to be PW.15 and others, but accepted  the evidence of PW.1 and other circumstantial evidence and found that the first respondent had strangulated the deceased  and burnt  the body to destroy the evidence, and  convicted  him under  Section  302 and 201 I.P.C.   However,  the  Sessions Judge acquitted the other respondents giving them benefit of doubt.   On  Appeal,  the High  Court  acquitted  the  first respondent   and  confirmed  the  acquittal  of  the   other respondents.      Aggrieved,   the   brother   of   the   deceased,   the complainant,  and the State filed appeals by special  leave, before this Court.      It  was  contended on behalf of  the  respondents  that since palms were not clenched and the eyes did not  protrude but  were half closed , the mouth was closed and tongue  was not  protruding  and the duration of death was of  5  to  10 minutes,  as  opined  by the doctor, it was not  a  case  of strangulation,  but  suicide, that the  respondents  had  no motive, and in fact, the High                                                   486 Court  had  found that the evidence was  not  sufficient  to establish  motive, and the case was based on  circumstantial evidence   and,   therefore,  motive   being   absent,   the prosecution  had failed to establish this important link  in the chain of circumstances to connect the accused, and  that the evidence of DW.4., and the statement of first respondent under  Section  313  Cr.P.C. clearly  established  that  the respondent  was  not at home when the occurrence  had  taken place.      Allowing the appeals, partly, this Court,      HELD : 1.1 In a case founded on circumstantial evidence the prosecution must prove all the circumstances  connecting unbroken  chain of links leading to only one inference  that the  accused committed the crime.  If any  other  reasonable hypothesis  of the innocence of the accused can be  inferred from the proved circumstances, the accused would be entitled to  the benefit.  What is required is not  the  quantitative but  qualitative,  reliable and  probable  circumstances  to complete the chain connecting the accused with the crime. If the  conduct of the accused in relation to the  crime  comes into  question the previous and subsequent conduct are  also relevant  facts.  Therefore, the absence of ordinary  course of  conduct  of the accused and human probabilities  of  the case  also  would  be relevant. The court  must  weight  the evidence  of the cumulative effect of the circumstances  and

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 14  

if it reaches the conclusion that the accused committed  the crime, the charge must be held proved and the conviction and sentence would follow.                                               [491F-H, 492A]      1.2  Undoubtedly, in cases of circumstantial  evidences motive bears important significance.  Motive always locks up in the mind of the accused and some time it is difficult  to unlock.   People  do  not act wholly  without  motive.   The failure  to  discover  the motive of  an  offence  does  not signify  its non-existence.  The failure to prove motive  is not  fatal  as a matter of law.  Proof of  motive  is  never indispensable  for conviction.  When facts are clear  it  is immaterial that motive has been proved.  Therefore,  absence of  proof of motive does not break the link in the chain  of circumstances  connecting  the accused with the  crime,  nor militates against the prosecution case. [498H, 499A]      1.3 In the instant case, it is clearly established that the  deceased aged about 22 years, was  exterminated  hardly one  year  and  five  months after  the  marriage.   As  per doctor’s evidence, she died of asphyxia, as a                                                   487 result  of  strangulation,  and that  95%  post-mortem  burn injuries were found over the dead body except the feet.   He positively ruled out the theory of alternatives or  suicide. [491E-E]      1.4  A study of medical jurisprudence establishes  that the  symptoms  found  at post-mortem  are  not  uniform  but variable  depending on the compression employed on the  neck and duration.  It would be an inferential fact since  direct evidence would rarely be available.  [497G-H]      Taylor’s    Principles   and   Practice   of    Medical Jurisdrudence,  Thirteenth Edition 1984 by Keith Mant,  Vol. I  pps. 282, 283, 286, 287, 305; Gradwolh’s Legal  Medicine, Second   Edition   Chapter  18,  pps.  336,   337;   Medical Jurisprudence  by Raju & Jhala : Chapter XXI p.226;  Medical jurisprudence and Toxicology, 13th Edn. by Modi p. 155, 156, 159  and  161  and H.W.V. Cox’s  Medical  jurisprudence  and Toxicology  by Dr. Bernard Kinght, 5th Edn. in Chapter 1  p. 207 and 213, referred to      1.5 In the instant case, all the symptoms found on  the dead  body of the deceased unmistakably show that her  death was  due  to pressure on the neck and the  findings  at  the post-mortem  examination  recorded  by the  doctor  and  his evidence  are  consistent with medical  jurisprudence.   The duration  of  death  also depends on the  mode  of  pressure employed  and  the circumstances in which  constriction  was done.  Doctor’s evidence is clear, cogent and convincing  in his findings that the death was due to asphyxia and not  due to suicide.  The doctor had meticulously done an expert  and excellent  autopsy  with grasp of medical  jurisprudence  to establish,  without  any shadow of doubt, of  the  cause  of death of the deceased as asphyxia. [498D-E]      1.6   The  evidence of PW.1, the doctor,  is  truthful, reliable   and  acceptable.   From his evidence  it  is  now conclusively   established  that  the  death  was   due   to constriction  (asphyxia) and that a deliberate  attempt  was made to destroy the evidence of death by pouring kerosene on the dead body and burning the dead body extensively of  95%. The  High Court committed palapable illegality in  accepting the  defence  version to doubt the evidence of  the  doctor. The death was, therefore, homicide and not suicide. [498E]      1.7  The evidence of DW.4, maternal uncle of the  first respondent,  that  the  first respondent,  his  brother  and father  were  in  the shop at the relevant time  has  to  be considered  in the light of the attending circumstances  and

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 14  

the conduct of the first respondent.  It is established from the                                                   488 eivdence  that the deceased and the first  respondent  alone were  living  in the upstair’s room.   The  occurrence  took place in the broad day time in their bed room.   Admittedly, the  day  of  occurrence is a Sunday and  that  too  in  the afternoon.   Therefore,  the shops must  have  been  closed. DW.2,  Post Office Superintendent, examined by the  defence, categorically admitted that the handwriting of all the  four telegrams  was  of the same person.   The  first  respondent admitted  that he issued two telegrams including the one  to PW.15  and the two were issued by this  father.   Therefore, four  telegrams were issued by the first  respondent  alone. When  the  wife  was  practically  charred  to  death,   and innocent,  and compassionate husband would be in a state  of shock  and would not move from the bed-side of the  deceased wife and others would attend to inform the relations.  It is also  his  case  that he phoned to the  police  station  and informed  of the occurrence.  Evidence is other  way  about. An  attempt  was made to have the  matter  compromised,  but failed.   Thereafter they were found to be absconding.   The evidence  of DW.4 that the first respondent was in the  shop thus  gets falsified and his is a purgered  evidence.   This false  plea  is  a  relevant  circumstance  which  militates against his innocence.  The death took place on the bed room of  the  spouse and the attempt to destroy the  evidence  of murder  by burning the dead body; the unnatural  conduct  of the  first respondent immediatley after the occurrence,  the false  pleas of suicide and absence from house  are  telling material  relevant  circumstances which would  complete  the chain  of  circumstantial  evidence  leading  to  only   one conclusion that first respondent alone committed the ghastly offence  of  murder of his wife, the deceased.   Though  the torn   pieces  of  the  letter  would  indicate   that   she contemplated  to  commit suicide, obviously it  was  due  to being  unable to bear with the mental torture  brought  upon her.   She accordingly must have written, but later  changed her  mind seeing the tender son in her arms and not to  make him to lose mother’s care and affection.  That would clearly show  that she was not being treated well.  Far  from  being helpful,  this  circumstances  also  is  in  favour  of  the prosecution  and  against  the  husband  showing  that   the deceased was subjected to cruelty.  No credence can be given to the plea that the first respondent was not the author  of the crime and the plea that no neighbour was examined by the investigation  officer  as they were not  prepared  to  give their statements.  Therefore, the investigating officer  was helpless in collecting the evidence from the neighbours.  It is  not  an insurance that he was innocent.   The  delay  in filing F.I.R. cannot be considered fatal to the prosecution. Admittedly, PW.15 was residing in another place.  On receipt of  the telegram he rushed to the place and  immediately  on seeing the dead body                                                   489 he sent for his relations. After they come to the scene, the F.I.R.  was  lodged on the next day.  The delay  in  lodging F.I.R. is of little significance.  [499B-H, 500A-G]      1.8  The  High Court did not consider the  evidence  in proper  perspective.   The order of acquittal of  the  first respondent is set aside and his conviction and the sentences awarded by the Sessions Judge restored.                                                       [501B]      1.9 The evidence of PWs. 15 and 9, regarding the motive was  found  to  be  shaky by the  High  Court  and  for  the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 14  

reasoning  given, it might appear to be probable.  In  those circumstances  the animation by the in-laws and  brother-in- law to be a privy to the ghastly murder cannot be positively concluded.   Undoubtedly, the parents and brother  might  be present.    They   or  someone  amongst  them   might   have facilitated  the first respondent to screen the evidence  of murder.  Suspicion is not a substitute for proof.  No  proof beyond  doubt is forthcoming.  Under these circumstances  on the  facts  of this case their acquittal  is  right.  [500H, 501A-B]

JUDGMENT:      CRIMINAL APPELLATE JURISDICTION : Criminal Appeal  Nos. 22 to 25 of 1983.      From  the  Judgment  and Order dated  25.11.81  of  the Punjab &  Haryana High Court in Criminal Appeals Nos. 281-DB of 1981 and 528-DB of 1981.      I.S.  Goyal, Ms. Indu Malhotra and S.M. Ashri  for  the Appellants.      U.R.  Lalit and Prem Malhotra for the Respondents.      The Jugdment of the Court was delivered by      K.  RAMASWAMY, J. The four appeals arise out of  common incident.   They  are disposed of by common  judgment.   The complainant,  the brother of the deceased Shashi Bala  filed two appeals and the State filed other two appeals by special leave  granted  by this court against the  judgment  of  the Division Bench of Punjab & Haryana High Court dated November 25,  1981 acquitting Satish Kumar, the first  respondent  of the  conviction  and  sentence under section  302  and  201, I.P.C. of the charge of murder of Shashi Bala, his wife, and also  in the same judgment confirmed the acquittal,  by  the Sessions Court, of Gulshan Kumar, brother, Ramji                                                   490 Das, the father and Smt. Kartaro Devi, the mother of  Satish Kumar.  Shashi Bala, a beautiful young lady of 20 years  was married  to Satish Kumar, the first respondent, on March  1, 1979  and she met with a homicidal death on August 10,  1980 in  her marital home.  The crucial question in this case  is whether  is  was  suicide as  contended by  the  defence  or homicide as stated by the prosecution and who is the  author of the murder.  The facts lie in a short compass.  They  are stated as under.      As  stated  the  deceased  was  married  to  the  first respondent on March 1, 1979 by her brother Harbans Lal,  PW. 15. She was given usual presentation of the gold  ornaments, utencils,  television  set etc.  She gave birth  to  a  male child and by August 10, 1980 the boy was 3 months old.   PW. 15  gave  on June 8, 1980 Rs. 5,000 to her  as  against  Rs. 10,000  requested for. He received a telegram on August  10, 1980  at  Sasuna, Punjab State that Shashi  Bala  died.   He immediately  came  to Uklana Mandi, Haryana State  at  about 9.00 p.m. on August 10, 1980 and found Shashi Bala dead.  It is his case that Satish Kumar made extra judicial confession that the deceased was strangulated for not getting the dowry of  their  demand   and that she was burnt  to  destroy  the evidence and sought pardon of him.  He sent for his  people. A compromise was mooted to which he was not agreeable.   The complaint was laid with the police on August 11, 1980.  PW.1 Dr. Sher Singh held the autopsy and found that the death was due  to asphyxia.  The police laid the charge under  section 302  read  with sections 34 and 201 I.P.C. against  all  the respondents.  The prosecution adduced evidence of PWs9 &  15 of  the  motive  of demand for more  dowry;  extra  judicial

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 14  

confession  and recoveries etc.  The defence set up  by  the respondents  was that the relationship between the  deceased and  the first respondant was cordial.  No demand for  dowry was  ever made.  The first respondent  arranged marriage  of Parmila,  sister of the deceased with one Gopal, his  cousin which later was broken down due to which the deceased became gloomy.   In support thereof they produced a letter of  torn pieces  (Ext.  E).  Therefore , it is their  case  that  the deceased poured kerosene on herself and set fire to  herself and committed suicide.  It is their further case that  while the  first  respondent, his brother and father were  in  the shop  in  the afternoon, they were informed of  the  suicide committed by the deceased.  By the time they came home  they saw  some people bringing the dead body from  the  upstairs. They  also  participated in bringing the dead  body  to  the ground floor and kept the body on a slab of ice and informed PW.15  and  others  by telegram and also  the  police.   The police  did not record his statement.  The police took  them into the custody on the same day and found that they did not commit                                                   491 any crime.      PW.1,  the  Doctor, who conducted  post-mortem  in  his evidence stated that the deceased died due to asphyxia, as a result   of   strangulation,  which  was   ante-mortem   and sufficient to cause death in the ordinary course of  nature. The burn injuries were 95 per cent on the entire body except on  the  feet and that the burn injuries  were  post-mortem. The Sessions Judge disbelieved the extra judicial confession spoken to by PW.15 and others.  The Sessions court  accepted the  evidence of PW.1, the doctor, and other  circumstantial evidence  and  found  that  Satish  Kumar,  husband  of  the deceased  strangulated  the deceased and  the  deceased  was burnt to destroy the evidence.  Giving the benefit of  doubt to  the brother and the parents of the respondent they  were acquitted.  The first respondent was found guilty of  murder and  was convicted for the offence of murder  under  section 302 and for screening the evidence of murder, s. 201 IPC and was sentenced to undergo rigorous imprisonment for life  and one  year respectively and both the sentences were  directed to run concurrently by the judgment dated April 23, 1981.      The narrative of the facts clearly establishes that the young  beautiful lady, aged about 22 years, who had  intense and  passionate  love for the first respondent  yearning  to have long and happy marital life was exterminated hardly one year  and five months after the marriage.  As  per  doctor’s evidence, she died of asphyxia, as a result of strangulation, and  that 95 per cent burn post-mortem injuries  were  found over  the  dead body except the feet.  Admittedly  this  was done in the residential home of the respondent.  The crucial question  whether  the theory of suicide propounded  by  the defence  and  as  accepted by the High  Court  is  true  and believable.     Undoubtedly    this   case    hinges    upon circumstantial evidence.  It is trite to reiterate that in a case  founded  on circumstantial evidence,  the  prosecution must  prove all the circumstances connecting unbroken  chain of  links  leading to only one inference  that  the  accused committed the crime.  If any other reasonable hypothesis  of the innocence of the accused can be inferred from the proved circumstances, the accused would be entitled to the benefit. What  is required is not the quantitative  but  qualitative, reliable  and probable circumstances to complete  the  chain connecting  the accused with the crime.  If the  conduct  of the accused in relation to the crime comes into question the previous  and  subsequent conduct are also  relevant  facts.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 14  

Therefore, the absence of ordinary course of conduct of the                                                        492 accused  and human probabilities of the case also  would  be relevant.   The  court  must  weigh  the  evidence  of   the cumulative effect of the circumstances and if it reaches the conclusion that the accused committed the crime, the  charge must  be held proved and the conviction and  sentence  would follow.      The crucial question is whether medical evidence of the doctor  is reliable and acceptable and whether death due  to suicide is probable?  Due to 95% burns PW.1, the doctor, did not find any visible ligature marks on the neck.  Eyes  were half closed.  The mouth was closed.  Blood stained forth was coming  from  both  the nostrils.  Tongue  was  swollen  and cynosed.   On dissection of neck there was infilteration  of blood in the upper part of the neck in front below chin.  On further  dissection  he found fracture on  right  cornua  of hyoid bone at the junction with its body and on opening  the larynx  and pharynx, he noted blood-stained forth  in  their cavities,  they were ante-mortem in nature.  The stomach was empty.  Peritoneum, organs of generation plora, walls,  ribs and cartilages were congested.  The right side of heart  was full  of  dark blood and left side contained  scanty  blood. Except  both  the feet there were burns all over  the  body. There was no line of redness.  There were false vesicles  at places such vesicles were containing full of air,  the  base of which was yellow, dry and hard, nor red and coppery.  The burns  were anti-mortem and it was 95 per cent.   As  stated earlier  he  opined that the death was due  to  asphyxia  by strangulation  which  was sufficient to cause death  in  the ordinary  course  of nature.  He opined that  deceased  must have been died on August 10, 1980 between 2.00 to 3.00  p.m. For  suggestions given to the doctor by the defence  counsel in the cross-examination that if the deceased had  sprinkled kerosene oil on her and had set fire and while in the  agony if  she runs hither and thither and in that process  if  she fell  in such a condition that her throat comes  in  contact with a protruding part of the wall resulting constriction of the wind pipe he categorically negatived that such a fall of the  victim would cause only partial constriction and it  is not  possible  to  cause fracture to  the  hyoid  bone.   He further   stated  that  the  death  could  not  be  due   to suffocation.   He also ruled out the possibility   that  the hyoid  bone  is not likely to be fractured by  fall  against hard  surface.   He also stated that the  burns  were  post- mortem because there were no shoot present in the trachea or wind  pipe.   Thus  he positively rules out  the  theory  of alternatives or suicide.      Let  us  consider whether the factual findings  at  the post-mortem examination of the deceased and the evidence  of Dr. Sher Singh is sup-                                                        493 ported  by medical jurisprudence.  Taylor’s  Principles  and Practice  of Medical Jurisprudence, Thirteenth Edition  1984 by Keith Mant, Vol, I stated at p. 282 that asphyxia being a condition  in which there is an inadequate supply of  oxygen to  the tissues.  It may be defined as a state a  which  the body  lacks oxygen because of some  mechanical  interference with  the  process of breathing.  At p. 283 it  was  further stated that cyanosis indicates the blue colour of the  skin, mucous  memberanes and of internal organs,  notably  spleen, liver and kidneys.  The capillary dilation that  accompanies a reduction in oxygen tension promotes stasis and  therefore a  vicious cycle of suboxygenation of the  blood  commences. The  return  of  blood  to the  heart  is  diminished.   The

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 14  

resultant  impaired oxygenation leads to  further  capillary dilation,  further  stasis, with  deepening  cyanosis  ..... Prabably  results from a combination of stasis and  hypoxia. Fluid exudes into the tissue spaces.      At p. 286 it was also stated of the distinction between suffocation  and  strangulation that  conditions  associated with  mechanical  asphyxia  include  suffocation  were   the interference  with the process of breathing is at the  level of   the  nose  or  mouth;  strangulation  where  there   is compression  of  the  neck, either by  (a)  the  human  hand (manual  strangulation or throttling); (b) a  ligature.   In pararaph  6 he stated that in each of these  categories  the obstructive process at the various level will result in  the development  of the symptoms and the signs  associated  with asphyxia previously described.  At p.287 of general features of  asphyxia, it was stated that the head and face may  show intense  congestion  and cyanosis with  numerous  petechiae. Blood  exudes from the mouth and nose.  Blood tinged  frothy fluid is present in air passages.  Mucus may be found at the back  of  the  mouth and throat.  The  lungs  which  are  of particular interest, usually show in addition to  congestion of  inter-alveolar capillaries, the presence of  the  oedema fluid in the alveoli, areas of haemorrhage and collapse with intervening emphysema...      Regarding  post-mortem appearances in strangulation  at p.305  it was stated a careful search in  suitable  mortuary conditions  will usually reveal either external or  internal evidence  of the area where the constrictions has  occurred. At p.306 the General Internal appearances, it is stated that internally the air passages contain fine forth, often  blood stained.  The lungs are congested with subpleural petechiae. Mycroscopically  there  is  usually  intense   interalveolar congestion  with haemorrhages of varying size, fluid in  the alveoli, areas of collapse and intervening area of ruptured                                                   494 alveoli.   The  air passages often contain  large  areas  of desquamated respiratory type epithelium, red blood cells and fluid.  The remaining organs show only congestive changes.      These conditions very because of the circumstances that the assailants usually  employ considerably more force  than would  appear  to be necessary to ensure  that  death  takes place.  In general terms the mark of the neck is usually  of the  same width as the constricting object and the depth  is about half its diameter.  Regarding finger-nail marks it was stated  that in manual strangulation the marks  of  burising will be on the front or sides of the neck, chiefly about the larynx  and  about it.  Marks of pressure  of  fingers  may, however  be  slight.  The distribution of these  marks  when present will vary with the circumstances, and factors  which will  affect  it  include  the  relative  position  of   the assailant and victim, the manner of gripping the neck, being greater if the grip is shifted or has been reapplied if  the victim  struggles,  and the degree of pressure.   The  solid tissues  of the neck are of extreme importance in  cases  of suspected strangulation.  the solid structures comprise  the hyoid  bone and the cartilages forming the larynx.   If  the body  is  found to have died with marks on  the  neck  which indicate  manual  strangulation  and  this  is  subsequently confirmed  in the mortuary and laboratory the case  must  be regarded   as   a  killing  by  another   person.    It   is inconceivable that anyone could die from compression of  the neck  by  his own hand because loss of  consciousness  would cause relaxation of the constricting fingures.      In  Gradwohl’s Medicine, Second Edition in  Chapter  18 under the caption Interpretation of Post-Mortem  Appearances

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 14  

in Death from Respiratory Obstruction and Compression of the Neck,  at p. 336 it was stated that Systemic  and  pulmonary congestion  and  dilatation  of the  heart  are  classically described  as  signs  of  an asphyxial  death.   At  p.  337 regarding hyoid bone it was stated that two mechanisms  have been  suggested in which the hyoid bone may be  fractured  : from direct lateral compression and from indirect  violence. Direct  lateral  compression  is  one  mechanism  in  manual strangulation, when pressure is applied under the angles  of the jaw.      Medical  Jurisprudence by Raju & Jhala in  Chapter  XXV death from asphyxia and death from drowning at p.226  stated that the heart in asphyxia, specifically right chambers,  is always  found full of dark venous blood.  This is  important to note as usually with death, blood disappears                                                   495 from the heart.   The venous system of circulation,  because of back pressure, is always found distended with blood.  The blood  in  heart and veins is not only dark  blue  but  also liquid and remains liquid.... The internal organs and mucous membrane  also present the general signs of  congestion..... This congestion has to be looked for and has to be found  in all cases of genuine asphyxia.      In Medical jurisprudence and Toxicology,  13th Edn.  by Modi  at  p.  155  it  was  stated  that  in  the  case   of constriction  occurring at the end of expiration  the  lungs are  congested, oedematous and exude bloody serum  on  being cut,  but  are pale if constriction occurred at the  end  of inspiration....  The right side of the heart, the  pulmonary artery and venae and cavae are full of dark fluid blood, and the  left side is empty.  The abdominal organs  are  usually congested.   The brain is usually normal, it may be pale  or congested  according to the mode of death.  For symptoms  at p.158 it was pointed out that if the wind pipe is compressed so suddenly as to occlude the passage of air altogether, the individual  is  rendered powerless to call  for  assistance, becomes  insensible and dies instantly.  If the windpipe  is not  completely closed, the face becomes cyanosed,  bleeding occurs  from  the mouth, nostrils and ears,  the  hands  are clenched  and  convlusions precede death.   As  in  hanging, insensibility  is very rapid, and death is  quite  painless. Regarding appearances on the neck he stated at p.159 that if the  fingers are used (throttling) marks of pressure by  the thumb  and fingers are usually found on either side  of  the windpipe....  At p. 161, appearances due to asphyxia it  was stated  that  the face is swollen and cyanosed,  and  marked with  petechiae.  The eyes are prominent and open.  In  some cases  they may be closed.  The conjunctive  are  congested, and the puplis are dilated.  The lips are blue.  Bloody foam escapes  from mouth and nostrils, and sometimes  pure  blood issues  from the mouth, nose and ears, especially  if  great violence  has been used.  Regarding internal appearances  he stated  that the cornua of the hyoid bone may be  fractured, also  the  cornua  of hyoid cartilage but  fracture  of  the cervical  vertebrae is extremely rare.  The liver  may  show cloudy swelling and necrosis of the cells, if death has been delayed.   The kidneys may show signs of nephritis,  and  on section  the straight tubules may be filled with  debris  of the blood corpuscles giving the appearances of reddish-brown markings.      Regarding the distinction between anti-mortem and post- mortem  burns,  he  pointed out the  lines  of  redness,  of vasication and reparative                                                        496 processes  as distinctive features.  He elaborated the  same

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 14  

later.   A reading of it gives the distinction and would  be concluded thus:      1.  Ante-mortem burn injuries are characterised by  the presence  of  burnt caroon particles (soot) in  the  trachea which is absent in the case of post-mortem burn injuries.      2.  Carbodyhaemoglobin is present in the heartblood  in ant-mortem  burning which is absent in case  of  post-mortem burning.      3.  Ante-mortem  burns  are usually red  owing  to  the tendency  of  the system of rush blood towards  the  injured parts for repairs, which is distinctly different from  post- mortem burns which are hard and yellowish in colour.      4.  Blisters  are prominently  present  in  ante-mortem burns.   Some blisters may appear in post-mortem burns,  but there are distinctly different from ante mortem burns, where blisters  are  full of protein rich fluid  that  contains  a substantial amount of white cells, caused by the tendency of the  system  to  rush  in  white  cells  to  fight   against infection.   The  presence  of protein is so  high  that  it becomes  solid  on  heating.   Post-mortem  blisters  hardly contain  any  protein in their fluid and whatever  fluid  is contained has so little protein that on heating only a faint opalescence is seen.  The fluid in post-mortem blisters does not contain any white blood cells.      5. In ante-mortem burns, reparative enzymes are present in  the  vicinity of burnt areas as the  reparative  enzymes would  try to repair the burnt areas.  Their presence  could also  be used for predicting the time since the  person  was burnt.  Various enzymes appear at the following time:      (a)   Enzyme  esterase  -  30  minutes.   (b)   Leucine aminopeptidase  - 2 hours approx. (c) Acid Phosphatase  -  3 approx.   (d)  Alkaline Phosphatase - 6  hours.   Reparative enzymes are not detected in post-mortem burns.      6. Signs of infection in a burn injury only lead of the conclusion that the burn injury is anti-mortem in nature  as there cannot be infection in a post-mortem burn injury, only putrefaction.    Since  infection occurs  roughly  36  hours after  the burn, one can easily predict the time  since  the burn injuries occurred.                                                        497      In H.W.V. Cox’s Medical jurisprudence and Toxicology by Dr.  Bernard Knight, 5th Edn. in Chapter 1 at p. 207 is  was stated that strangulation is again a term which is not exact in  itself,  as there are several  types  of  strangulation, mainly   mannual  strangulation  and  strangulation   by   a ligature.  Though both these are similar, there are  certain differences   which  are  reflected  in   the   pathological findings.  Strangulation is not by any means the same  thing as  asphyxia : in fact, a better name would be ‘pressure  on the  neck’, which is used as an alternative  description  by some  pathologists.  Regarding manual strangulation and  the length of time required to cause death at p.213 it is stated that the length of time for which pressure on the neck  must be  maintained  to cause death is very variable,  from  zero seconds to several minutes.  The statement regarding  length of time he stated that no dogmatic statement of time of  two minutes  or  three  minutes can be made.  It  is  of  little practical value as unless or three minutes can be made.   It is of little practical value as unless a witness is present, there  is  never  any way of determining  such  times.   If, however, there is physical evidence of pressure on the  neck from bruises and haemorrhage, but no congestion  whatsoever, then  it is certain that death was relatively  rapid  before these  classical  signs  appeared,  due  to  reflex  cardiac arrest.   Where  death  is  due  to  cerebral  anoxia   from

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 11 of 14  

compression  of  carotid  vessels,  then  there  is  usually cyanosis and congestion due to simultaneous blockage of  the jugular venous system, though ignorance of time factors make this  statement  of  little practical  value.   In  Taylor’s Medical Jurisprudence it was stated at p.282 that the amount of  pulmonary  oedema  can  be used  to  estimate  the  time interval between injury and death.  In practice it is seldom of  value  as  it  is common  experience  that  the  changes described  can  develop with great rapidity when  a  patient dies  after choking.  At p.285, asphyxia by violence, it  is stated  that  if  the breathing is  interfered  with  for  a sufficient  period  of time unconsciousness and  death  will supervene.      The  contention of Sri U.R. Lalit that the  palms  were not  clenched  and the eyes did not protrude but  were  half closed, the mouth was closed and tounge was not  protruding, the  duration of death of 5 to 10 minutes as opined  by  the doctor and in the case of death by strangulation, the  death would  be instant and that, therefore, it is not a  case  of strangulation  but  suicide does not cast any doubt  on  the cause  of  death.   Above  study  of  medical  jurisprudence establishes  that the symptoms found at post-mortem are  not uniform  but  variable  depending  on  the  compression   as employed  on  the  neck  and  duration.   It  would  be   an inferential  fact  since  direct evidence  would  rarely  be available.  The discussion of the medical                                                        498 jurisprudence  conclusively  establishes that  all  symptoms found  on  the dead body of Shashi Bala  unmistakeably  show that  her  death  was due to pressure on the  neck  and  the findings  at  the post-mortem examination  recorded  by  the doctor  and  the  evidence  of Dr.  Sher  Singh,  PW-1,  are consistent  with  medical jurisprudence.   The  duration  of death also depends on the mode of pressure employed and  the circumstances  in  which constriction  was  done.   Doctor’s evidence  is  clear, cogent and convincing in  his  findings that  the death was due to asphyxia and not due to  suicide. We place on record that Dr. Sher Singh had meticulously done an  expert  and  excellent autopsy  with  grasp  of  medical jurisprudence to establish, without any shadow of doubt,  of the cause of death of Shashi Bala as asphyxia.      Realising  this  unsurmountable  difficulty   concerted attempt  was  made to sling mud and cloud of  doubt  on  the unimpeachable  evidence  of Dr. Sher Singh.   Who  would  be benefitted   by  a  complaint  against  the   doctor?    The prosecution  is not interested since his autopsy  report  is completely in its favour.  PW.15 or anybody on his behalf is not  interested to make nay allegation against PW-1.  It  is the  accused  that  would  be  benefitted  and  so  a  false complaint of demand of illegal gratification was  fabricated which  was rightly thrown out.  The further suggestion  that some  unknown  Doctor along with PW-15 brought  pressure  on PW.1  to give fabricated autopsy report is a desperate  one. We accept the evidence of PW.1, Dr. Sher Singh as  truthful, reliable  and  acceptable.   From his  evidence  it  is  now conclusively   established  that  the  death  was   due   to constriction  (asphyxia) and that a deliberate  attempt  was made  to  destroy  the  evidence of  the  death  by  pouring kerosene  on  the  dead  body  and  buring  the  dead   body extensively  of  95 per cent.  We find that the  High  Court committed  palpable  illegality  in  accepting  the  defence version to doubt the evidence of Dr. Sher Singh.  The  death was, therefore, homicide and not suicide.      The  question then is who is the author of the  murder? The  contention of Sri Lalit is that the respondent  had  no

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 12 of 14  

motive and the High Court found as a fact that the  evidence is not sufficient to establish motive.  The case is based on circumstantial   evidence  and  motive  being  absent,   the prosecution  failed to establish this important link in  the chain  of circumstances to connect the accused.  We find  no force   in   the  contention.   Undoubtedly  in   cases   of circumstantial    evidences    motive    bears     important significance.   Motive  always locks up in the mind  of  the accused and some time it is difficult to unlock.  People  do not act wholly without motive.  The                                                        499 failure  to  discover  the motive of  an  offence  does  not signify  its non-existence.  The failure to prove motive  is not  fatal as a mater of law.  Proof of motive is  never  an indispensable  for conviction.  When facts are clear  it  is immaterial  that  no  motive has  been  proved.   Therefore, absence  of proof of motive does not break the link  in  the chain  of  circumstances  connecting the  accused  with  the crime,  nor  militates against the  prosecution  case.   The question, therefore, is whether Satish Kumar alone committed the offence of murder of his wife?  In this regard Sri Lalit pressed into service the evidence of DW. 4, the uncle of the respondent  who stated that the Ist respondent, his  brother and  father were in the shop at the relevant time  and  that the respondent also stated so in his statement under section 313  C.P.C.   This  evidence clearly  establishes  that  the respondent  was  not at home when the occurrence  had  taken place.   This evidence has to be considered in the light  of th attending circusmtances and the conduct of Satish  Kumar. It  is established from the evidence that the  deceased  and the  first  respondent alone were living  in  the  upstair’s room.   The occurrence took place in the broad day  time  in their bed room.  The deceased at that time was having  three months  old  child.  What had happened to the child  at  the time  when  the  ghastly  occurrence  had  taken  place   is anybody’s  guess.  Normally three months child would  be  in the  lap  of the mother unless somebody takes  into  his/her laps  for play.  It is not the case.  It would  be  probable that  after the murder, the child must have been  taken  out and  the  dead  body was burnt after  pouring  kerosene  and litting fire.  Therefore, the one who committed the  offence must have removed the child later from the room.  Admittedly the  day  of  occurrence is a Sunday and  that  too  in  the afternoon.   Therefore,   the shops must have  been  closed. DW-2,  Post Office Superintendent, examined by the  defence, categorically admitted that the handwritting of all the four telegrams  was  of the same person.  Satish  Kumar  admitted that he issued two telegrams including the one to PW-15  and the  two  were  issued  by  his  father.   Therefore,   four telegrams were issued by the Ist respondent alone.  When the wife  was  practically  charged to  death  an  innocent  and compassionate husband would be in a state a shock and  would not  move from the bed-side of the deceased wife and  others would  attend to inform the relations.  It is also his  case that  he  phoned to the police station and informed  of  the occurrence.   Evidence is other way about.  An  attempt  was made to have the matter compromised, but failed.  Thereafter they  were  found to be absconding.  The  evidence  of  DW-4 (maternal  uncle)  that the Ist respondent was in  the  shop thus gets                                                        500 falsified  and his is a burgered evidence.  This false  plea is  a  relevent  circumstance which  militates  against  his innocence.   The  death took place on the bed  room  of  the spouse and the attempt to destroy the evidence of murder  by

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 13 of 14  

burning  the  dead  body; the unnatural  conduct  of  Satish Kumar, immediately after the occurrence; the false pleas  of suicide and absence from house are telling material relevant circumstances   which   would   complete   the   chain    of circumstantial evidence leading to only one conclusion  that Satish  Kumar alone committed the ghastly offence of  murder of his wife, Shashi Bala.      It is true as contended by Sri Lalit that Satish  Kumar must  have married the deceased as she was extremely  pretty and   that  the  letter  written  by  her  would   establish cordiality  and love between them.   The deceased  obviously appears  to have written that undated letter expressing  her profuse  love  for  the husband at the  beginning  of  their marital  life  without  knowing  the  true  colours  of  the husband. It is true that the torn pieces of the letter would indicate that  she contemplated to commit suicide.  Obviously it  was due to being unable to bear with the mental torture  brought upon  her.  She accordingly must have written but later  she must have changed her mind seeing the tender son in her arms and  not  to make him to lose mother’s care  and  affection. That would clearly show that she was not being treated well. Far  from being helpful this circumstance also is in  favour of the prosecution and against the husband showing that  the deceased was subjected to cruelty.  The contention that  the first  respondent was not the author of the crime  does  not inspire us to give credence.  The further contention that no neighbour was examined by the investigation officer as  they were  not prepared to falsely implicate him and it would  be viewed  against  the prosecution is without  any  substance. The  investigating  officer in his evidence  clearly  stated that  he  contacted  all the neighbours but  they  were  not prepared   to   give  their  statements.    Therefore,   the investigation   officer  was  helpless  in  collecting   the evidence  from the neighbours.  It is not an insurance  that he  was innocent.  The further contention that the delay  in filing  F.I.R.  is fatal to the prosecution is  without  any substance.   Admittedly  PW.15  was residing  in  Sasuna  of Haryana State.  On receipt of the telegram he rushed to  the place  and immediately on seeing the dead body he  sent  for his relations.  After they come to the scene the F.I.R.  was lodged  on the next day.  The delay in lodging F.I.R. is  of little significance.  We have the evidence of PWs-15 and  9, which of the motive was found to be shaky by the High  Court and for the reasoning given it might appear to                                                   501 be  probable.  In those circumstances the animation  by  the in-laws  and  brother-in-law to be a privy  to  the  ghastly murder  cannot  be positively  concluded.   Undoubtedly  the father,  mother  and  brother might  be  present.   They  or someone amongst them might have facilitated Satish Kumar  to screen   the  evidence  of  murder.   Suspicion  is  not   a substitute for proof.  No proof beyond doubt is forthcoming. Under these circumstances on the facts of this case we  hold that  their  acquittal  is right.  The High  Court  did  not consider  the evidence in proper perspective.  The order  of acquittal of Satish Kumar is set aside.  He is convicted for the  offence of murder of his wife Shashi  Bala,  punishable under  s.  302 I.P.C. and is sentenced to  undergo  rigorous imprisonment  for life.  He is convicted under s.201  I.P.C. and  sentenced  to undergo R.I. for one year  and  both  the sentences would run concurrently.      The judgment and order of acquittal of Satish Kumar  by the  High  Court  in Crl. Appeal No.  281/81  is  set  aside judgment  and order in Crl. Appeal No. 528/81 is  confirmed.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 14 of 14  

The  judgment, conviction and sentences of Satish Kumar  and acquittal of others in Sessions Case No. 159/80 and Sessions Trial  No. 85/80 dated April 23, 1981 by the Sessions  Court at  Hisar is restored.  The appeals are accordingly  allowed as against Satish Kumar and dismissed as against other three respondents. N.P.V.                               Appeals partly allowed.                                                   502