IMPORTANT POINT
Father suddenly getting provoked and causing death to his daughter by strangulating and throttling her. It is not an offence u/s 302 but one u/s 304 Part I.

Judgment

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 04.01.2006, passed by the High Court of Judicature at Rajasthan, Jaipur Bench, whereby said Court has allowed D.B. Criminal Jail Appeal No. 397 of 2000, and set aside the conviction and sentence recorded against respondent Ramesh by Sessions Judge, Jaipur, under Sections 302 and 201 of Indian Penal Code (IPC), and acquitted him of the charge.

2. Prosecution story in brief is that PW-1 Prithviraj Singh gave a telephonic information on 28.04.1999 at about 10.55 p.m. to PW-7 Bhagwan Singh, Station House Officer of Police Station Kalwad that Sheela, eldest daughter of his servant Ramesh (respondent) has committed suicide by hanging. The Station House Officer rushed to the spot. He made enquiries from Ramesh in the farm house where he used to work, and lived with his three daughters. He (Ramesh) told the Station House Officer that his daughter went out of the farm house at about 8.30 p.m. and came back after some time. Ramesh further told that he objected to his daughter’s conduct of meeting PW-9 Bablu, and scolded her. Thereafter power went off. He further told the Station House Officer that after some time when generator was started, he saw that Sheela has hanged herself. The knot was opened and the body was brought down. The Station House Officer mentioned these facts in the report/marg No. 7/99 prepared under Section 174 of the Code of Criminal Procedure (CrPC). He prepared site plan, took dead body in his possession, and got prepared inquest report (Ex. P-1) in the early hours of 29.04.1999. He directed PW-11 Assistant Sub Inspector Maliram to make further inquiries under Section 174 CrPC. The Assistant Sub Inspector, after recording the statements of Ramesh and other witnesses present there, gave report on 30.04.1999, on the basis of which First Information Report (Ex. P-11) was registered as Crime No. 63/99 relating to offences punishable under Sections 302 and 201 IPC. The Station House Officer himself took up the investigation. Meanwhile, autopsy was conducted on 29.04.1999 on the dead body of Sheela by PW-8 Dr. Viveka Nand of S.M.S. Hospital, Jaipur, at the request of the police, who found following ante mortem injuries:-

“External injuries seen at the time of P.M. Examination

(i) Abrasion 1.5 cm x ½ cm on area 2 cm below middle of the right mandibular rim on right side upper neck.

(ii) Abrasion ½ cm x ¼ cm on right side neck in middle/3

(iii) Abrasion 1 cm x ¼ cm on lateral half of right clavicle.

(iv) Abrasion 1.25 cm x ¼ cm on suprasternal notch.

(v) Abrasion 1/6 cm on area just below right side lower lip.

(vi) Abrasion ½ cm x ¼ cm on area just above right angel of mouth.

(vii) Three linear abrasions each of size 1 cm x ¼ cm parallel to each other on area just above right angle of mouth on right side face.

(viii) Abrasion 2 cm x ¼ cm just above right elbow on right arm dorsally.

(ix) Abrasion 2 cm in length linear x skin deep vertical on right palm below bone of right middle finger.

(x) Abrasion ¼ x 1/6 cm on left medial melleolus.

(xi) Abrasion ¼ cm x 1/6 cm on area below left medial melleolus on left foot.

(xii) Abrasion 1 cm x ½ cm on dorsing right forearm upper/3.

Neck dissection – on dissection of neck there is haematoma c (with) tissue staining found at following places red in colour antemortem in nature c effusions extravessation of blood

(a) Left lateral side of trachea upper/3 size ¼ x ¼ cm.

(b) Left lateral side of trachea middle/3 size ¼ x ¼ cm.

(c) Left lateral side of trachea middle/3 on area ¼ cm below above injury size ¼ x ¼ cm.

(d) Right side front of neck underneath ext. injury No. 1 on antero lateral of trachea upper 1/3 size 1 cm x ½ cm above the level of hyridbone.

Further examination shows (trachea) congested areas in trachea c fine white froath. There is haematoma of soft tissues near upper part of tachea over right side neck in middle/3. Upper part – left side neck also show such haemotoma in an area of 2 cm x ½ cm on left side neck