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G.B.PATTANAIK, R.P.SETHI, SHIVARAJ V.PATIL
Kans Raj – Appellant
Versus
State of Punjab – Respondent


Judgment

Sethi, J.—Sunita Kumari married on 9th July, 1985 was found dead on 23rd October, 1988 at the residence of her in-laws at Batala in Pun­jab. The death was found to have occurred not under the ordinary cir­cumstances but was the result of the asphyxia. On post-mortem it was found that the deceased had injuries on her person including the ligature mark 20 cm x 2 cm on the front, right and left side of neck, reddish brown in colour starting from left side of neck, 2 cm below the left angle of jaw passing just above the thyroid cartilage and going upto a point 2 cm below the right angle of jaw. The parents of the deceased were alleg­edly not informed about her death. It was a shocking occasion for Ram Kishan, PW5 when he came to deliver some customary presents to her sister on the occasion of Karva Chauth, a fast observed by married women for the safety and long life of their husbands, when he found the dead body of his sister Sunita lying at the entrance room and the respond­ents were making preparations for her cremation. Noticing ligature marks on the neck of her sister, Ram Kishan PW5 telephonically in­formed his parents about the death and himself went to the police stati

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