KASHMIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29,2. 1984 passed by the learned Additional Sessions Judge, Raisinghnagar, whereby the learned Judge convicted the accused appellant under Section 302 I. P. C. and sentenced him to life imprisonment with fine of Rs. 3000/- and in default of payment of fine to further undergo 3 years' rigorous imprisonment. The learned Judge also convicted the accused under Section 201 I. P. C. and sentenced to undergo 2 years rigorous imprisonment. He has, however, acquitted the accused under Section 120-B I. P. C. The substantive sentences were directed to run concurrently.

(2.) THE brief facts which are necessary for the convenient disposal of this appeal are that on 21. 9. 1982 Inder Singh filed a written first information report before the Additional Superintendent of Police, Sri Ganganagar, who in turn forwarded the same for investigation to the Station House Officer, Vijaynagar. It is alleged that his sister Piyaro Devi was married to accused appellant Kashmir Singh about 3 years ago. It is alleged that out of this wed-lock one son was borne to Mst. Piyaro. it is alleged that after the marriage the accused Kashmir Singh and other members of his family used to maltreat Mst. Piyaro as she did not bring sufficient dowry in her marriage. On account of this maltreatment, she came to reside with her parents and remained there for about one year. THEreafter a Panchayat was held and Kashmir Singh took Piyaro with him again to his house. Inspite of the Panchayat Mst. Piyaro was not being treated properly by her in-laws. On 20. 9. 1982 at about 11 P. M. Gurudayal Singh along with a constable came to him and informed that his sister is hanging from ceiling and she has committed suicide. He immediately rushed to the house of his sister along with other persons and on reaching there he saw the body of his deceased sister hanging from ceiling. He doubted right from-the beginning that it is a case of murder and thereafter it has been shown to be a case of suicide by hanging. He further complained that the police did not take necessary care and get the body of his sister cremated. He doubted about the fairness of the investigation. : On this report the S. H. O. , Police Station, Vijaynagar took up the investigation and registered a case against 5 accused persons, namely, Kashmir Singh, Jhandu Singh, Naresh Singh, Laxman Singh and Vidhya Bai and charged them under Sections 302, 201 and 120-B I. P. C. THE case was ultimately committed to the Court of Sessions which came to be disposed of by the learned Additional Sessions Judge, Raisinghnagar.

(3.) SO far as the first question whether it is a case of suicide or homicide is concerned, it is necessary to refer to the medical evidence. P. W. 12 Mr. Sahi Ram who has conducted the post-mortem of the deceased, has pointed out that the cause of death was strangulation. P. W. 12 Dr. Sahi Ram has pointed out that a 1-1/2" broad ligature mark was seen transverse and continuously around the neck above the thyroid cartilage. No marks of injuries were seen on the neck or around the ligature mark. On dissection of ligature mark, the subcutaneous tissue was reddish and muscles are ruptured and blood (clotted) was present in the tissue and the tracheal rings are compressed and the Larynx and trachea are congested. He also deposed that the neck was not elongated, The ligature which was encircling whole of the neck and there was no incontinuity of the ligature mark, The ligature marks on dissection found reddish sub-cutaneously where as in hanging it remains whitish. The feet were completely touching the ground. There were plenty of knots on the neck and plenty of knots were also present on ceiling. Head was not inclined left or right. The saliva was not dribbling or oozing from mouth. From the above circumstances the Doctor came to the conclusion that it was a case of strangulation.