IMPORTANT POINT
Duties and responsibilities of High Court u/s 366, Cr. P.C.

JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-This appeal at the instance of the sole accused is directed against the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur dated 11.7.2007 in Criminal Murder Reference under Section 361, Cr.P.C. along with Criminal Appeal No.1/2007 as well as Criminal Appeal No.243 of 2007 and Jail Appeal No.313 of 2007 under Section 374(2) Cr.P.C. against the judgment and conviction dated 09.3.2007 passed by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.2 of 2006. The appellant was proceeded against for charges under Sections 376 and 302, IPC.

2. According to the prosecution, on 18.1.2006, a complaint (Exhibit P-6) was preferred by one Laltu Manjhi before the SHO, police station Shastri Nagar, Jodhpur wherein it was alleged that his daughter Bharti (the deceased) was employed as a housemaid in the residence of the appellant and that 25 days prior to the date of complaint, one Sudip De, through whom his daughter came to be employed with the appellant, informed him over phone that his daughter wanted to speak to him, that when he talked to his daughter, he could sense the plight of his daughter in the residence of the appellant, that though his daughter wanted to explain her ordeal at the instance of the appellant, she was prevented from talking to him in detail and that on the morning of 16.1.2006 at about 5 O’ clock, he received an information through Sudip De that the appellant informed him over phone that his daughter fell unconscious due to Vertigo and was admitted to hospital. On such information, when the father of the deceased reached Jodhpur, the appellant informed him through Sudip De that his daughter was dead and that he could only see the body of his daughter in the Mortuary of the M.G.Hospital on 18.01.2006 where he noted the injuries all over the body of his daughter. According to him, he received information through the neighbours of the appellant that the appellant was constantly torturing the deceased during the preceding two months during which period she was employed at the house of the appellant apart from his immoral behaviour towards his daughter. It was his further allegation that his daughter was killed by the appellant by strangulation.

3. Based on the above report, the case was registered as Crime No.31 of 2006 and after investigation, the final report came to be filed pursuant to which charges were leveled against the appellant for offences under Sections 302 and 376, IPC.

4. Before the trial Court, PWs-1 to 17 were examined in support of the prosecution apart from Exhibits P-1 to P-20. On the 313 questioning, the appellant denied the offences alleged against him. According to him, he did not commit rape on the deceased, that the deceased was a patient of Epilepsy and on the date of incident, she developed the fit of Epilepsy due to which she developed breathlessness, became restless and, thereafter, fell down due to which she sustained injuries, that in order to give artificial respiration, the appellant and his wife took efforts to open her teeth to pour water and subsequently took her to the hospital in a three wheeler taxi where she was declared dead. It was further stated by the appellant that he intimated the parents of the deceased, that the complaint was false and he was innocent.

5. One factor which is relevant to be noted at the very outset is that as per the post mortem report, there were as many as 27 injuries almost on all parts of the body of the deceased and, in particular, injury Nos.19, 20 and 21 which were in the private parts of the deceased. The doctor who conducted the post mortem, namely, PW-9, in the post mortem report specifically mentioned to the effect- ‘on dissection of neck – ante mortem reddish coloured haematoma present on Lt. side neck underneath the skin & in underlying soft tissues. On further examination, patchy antemortem reddish dark haematoma present below epiglottis on both s