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1996(1) Supreme 521
SUPREME COURT OF INDIA
G.N. Ray and S.B. Majmudar, JJ.
Mulak Raj & Ors. -Appellant
versus
State of Haryana -Respondent
Criminal Appeal No. 5 of 1982
Decied on 19-1-1996
Counsel for the Parties :
For the Appellants : U.R. Lalit Sr. Adv.
Held : If an alive person is burnt there is bound to be blister formation. But there will be no blister at all if the dead body is burnt, because blister formation is sign of life. Nothing substantial could be brought out in his cross examination. In view of this evidence it becomes clear that deceased Krishna Kumari had died a homicidal death and the burnt injuries found on her dead body were post-mortem and not ante-mortem. The doubt expressed by learned Trial Judge about the nature of death and which, according to learned Trial Judge, was a mystery did not really remain a mystery in the light of the aforesaid clinching medical evidence. Consequently we agree with the finding of the High Court that deceased Krishna Kumari died a homicidal death on the fateful morning of 12th April, 1977 in the household of the accused. We answer Point No.(i) accordingly. (Para 16)
(ii) Indian Penal Code, 1860-Sections 302/34-Deceased dying a homicidal death-Whether was caused by the accused/Appellants? Motive was non-fulfilment of demand of dowry articles viz., Refrigerator and Television-Extra judicial confessions of accused 1 & 2 (father-in-law and husband)-Does not stand test of reliability on scrutiny.
Held : Shri Lalit, learned senior counsel for the appellants was, therefore, right in contending that evidence of extra-judicial confessions apart from being inherently weak is not at all established on record of this case and no reliance can be placed on this evidence. Once that conclusion is reached the most important connection link between the accused or at least accused Nos.1 and 2 on the one hand and the homicidal deaath of deceased Krishna Kumari on the other gets snapped and eliminated. (Para 20)
(iii) Indian Penal Code-1860-Sections 302/34-Deceased dying a homicidal dowry death-Subsequent conduct of accused-Relied on by High Court for reversal of acquittal -Whether it represents a strong and clinching link in the chain of circumstantial evidence which is incompatible with any other hypothesis save and except the guilt of the accused? (No) (Para 21)-Situation of the scene of occurrence with post- mortem burns showing death homicidal-Whether accused can be said to have caused it beyond doubt? (No) (Paras 23 & 24) - Result - Appeal allowed -Accused acquitted-Even charge under Section 201 IPC not proved. (Para 25)
JUDGMENT
S.B. Majmudar, J.-This is an unfortunate case which a young bride named Krishna Kumari lost her life on the alter of dowry demands on the morning of 12th April, 1977 in the household of present appellants who were charged with the offence of murder under Section 302 read with Section 34 of the Indian Penal Code (in brief IPC ). The Trial Court acquitted them. The respondent-State s appeal against acquittal was allowed by the High Court and the appellants were convicted under Section 302 read with Section 34 of the IPC and were sentenced to undergo imprisonment for life. Appellant Nos.1 and 2 were further sentenced to pay a fine of Rs.3,000/- each and in default, to suffer further rigorous imprisonment for two years each. Fine, if realised, was ordered to be paid to Wasanda Ram Taneja, P.W.23, father of the deceased Krishna Kumari and that is how the appellant-Accused are before us in the statutory appeal invoking Section 2 of the Supreme Court (Enlargement of Criminal Appeal Jurisdiction) Act, 1970.
2. As the acquittal of the appellants is reversed by the High Court in appeal and they have been sentenced to imprisonment for life we have carefully gone through the entire evidence on record, both oral and documentary, with the assistance of learned counsel appearing for both the sides with a view to finding out whether deceased Krishna Kumari died a homicidal death or had indulged in self-effacement by committing suicide and whether appellants or any one of them had been guilty of murdering her.
Prosecution Case
3. It will be apposite to note at the outset the salient features of the prosecution case laid against the four appellants who will be referred to as accused Nos.1 to 4, for the sake of convenience, in the latter part of this judgment. Accused No.1 was the father-in-law of deceased Krishna Kumari. Accused No.2 was her husband. Accused No.3 is the younger sister of accused No.2 while accused No.4 is the sister-in-law of accused No.1. It is not in dispute that all the accused were living together in the same house situated at Urban Estate, Gurgaon in the State of Haryana. The prosecution story as emerging from the record is that marriage of Krishna Kumari deceased with accused No.3 was settled by her father Wasanda Ram Taneja P.W.23. The Shaggan ceremony was performed two days before the date of marriage. Gopal Dass, P.W.13 and Joginder Singh, P.W.18 had also accompanied Wasanda Ram on that occasion. When they reached the house of the accused all the four accused were present there. As soon as the articles of Shaggan were placed before them, they asked as to what had been brought in the Shaggan . They remarked that no refrigerator, television, tape recorder etc. had been brought. Wasanda Ram, P.W.23 got puzzled and requested the accused with folded hands that he would supply these articles slowly and slowly. All these persons returned after the Shaggan ceremony. Krishna Kumari deceased then was married to Hira Lal accused No. 2 on 10th February, 1977. Wasanda Ram gave seven Tolas gold and other necessary articles worth Rs.25000/-. He, however, could not provide refrigerator and television.
4. After marriage Krishna Kumari had been visiting the house of her parents occasionally. A month prior to this occurrence she happened to meet Saroj, P.W.16, her elder sister while she was at Gurgaon. The deceased was in a depressed mood at that time and on enquiry by Saroj she replied with heavy heart and tears in her eyes that her in-laws were harassing her as television and refrigerator were not given in the dowry. Saroj, P.W.16 told her that their father would satisfy the demand slowly and slowly. The deceased further told that her in-laws were keen to see their demands fulfilled immediately. She further told Saroj that her in-laws were threatening her that in case the demand was not satisfied early she would be finished.
5. Krishna Kumari deceased was P.Sc., B.Ed., M.A. in History and M.A. Previous in English. She was e
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