CHAMAN LAL Vs. STATE

JUDGEMENT

(1.) AT around 10:00 PM on 2.12.1994 information was received at PS Nabi Karim which was recorded vide DD No.27-A that Devki wife of Chaman Lal has not been seen throughout the day and in all probability she has been murdered. SI Surender PW-18 reached House No.6014, Gali Sat Narayan Mandir, Nabi Karim and found the body of Devki bundled inside a sack. It was apparent that Devki had died an unnatural death. He made an endorsement Ex.PW-9/A beneath copy of DD No.27-A and sent Const.Hari Ram for FIR to be registered. He summoned Const.Babu Ram a photographer and took photographs Ex.PW-13/12 to Ex.PW-13/19. SI Surender Singh prepared the rough site plan Ex.PW-19/A showing the spots wherefrom he had made the recoveries and filling up the form Ex.PW-15/B for inquest proceedings sent the body for post-mortem and recorded the seizure of the rope Ex.P-2 and the gunny bag Ex.P-1 from the spot in the memo Ex.PW-17/A. Another piece of rope Ex.P-3 and two pieces of sarees Ex.P-4 and Ex.P-5 were also taken into possession as entered in the seizure memo Ex.PW-17/C. He also signed and sent the application Ex.PW-18/A for body to be preserved, probably for a proper identification of a body.

(2.) APPELLANT Chaman Lal, the husband of Devki was found missing. In fact, as deposed to by SI Surender Singh when he reached the house not a single male member of the house was present. Female members including co-appellant Munni Devi, the widowed sister-in-law of Chaman Lal, was present in the house.

(3.) ON 5.12.1994 Dr.Dasari Harish PW-21 conducted post mortem on the body of the deceased. He noted signs of putrification and maggots in the body. He noted strangulation marks on the neck which due to the body being putrified had lost distinctive characteristics. Internal examination showed that the hyoid bone had no fracture. The thyroid cartilage had a fracture due to inward compression. He opined that cause of death was asphyxia as a result of strangulation.