JUDGMENT

Pradeep Nandrajog, J. (Oral)

1. At around 10:00 PM on 2.12.1994 information was received at PS Nabi Karim which was recorded vide DD No.27-A that Devki wife of Chaman Lal has not been seen throughout the day and in all probability she has been murdered. SI Surender PW-18 reached House No.6014, Gali Sat Narayan Mandir, Nabi Karim and found the body of Devki bundled inside a sack. It was apparent that Devki had died an unnatural death. He made an endorsement Ex.PW-9/A beneath copy of DD No.27-A and sent Const.Hari Ram for FIR to be registered. He summoned Const.Babu Ram a photographer and took photographs Ex.PW-13/12 to Ex.PW-13/19. SI Surender Singh prepared the rough site plan Ex.PW-19/A showing the spots wherefrom he had made the recoveries and filling up the form Ex.PW-15/B for inquest proceedings sent the body for post-mortem and recorded the seizure of the rope Ex.P-2 and the gunny bag Ex.P-1 from the spot in the memo Ex.PW-17/A. Another piece of rope Ex.P-3 and two pieces of sarees Ex.P-4 and Ex.P-5 were also taken into possession as entered in the seizure memo Ex.PW-17/C. He also signed and sent the application Ex.PW-18/A for body to be preserved, probably for a proper identification of a body.

2. Appellant Chaman Lal, the husband of Devki was found missing. In fact, as deposed to by SI Surender Singh when he reached the house not a single male member of the house was present. Female members including co-appellant Munni Devi, the widowed sister-in-law of Chaman Lal, was present in the house.

3. During course of investigation Joginder Singh PW-5 informed the investigating officer that on 2.12.1994 at about 9:00 PM in the night Sita Ram and Ramu, the father of Chaman Lal and the brother of Chaman Lal had come to his house and informed that the wife of Chaman had committed suicide by hanging herself. He advised them to go to the police that after about half an hour even Chaman Lal came to his house and disclosed that his wife had committed suicide by hanging and he told Chaman Lal to report the matter to the police.

4. On 5.12.1994 Dr.Dasari Harish PW-21 conducted post mortem on the body of the deceased. He noted signs of putrification and maggots in the body. He noted strangulation marks on the neck which due to the body being putrified had lost distinctive characteristics. Internal examination showed that the hyoid bone had no fracture. The thyroid cartilage had a fracture due to inward compression. He opined that cause of death was asphyxia as a result of strangulation.

5. Apart from aforenoted injuries around the neck he noted some other injuries being the result of application of blunt force.

6. Deposing in Court Dr.Dasari Harish stated that from the fact that the hyoid bone was unaffected and the thyroid cartilage was fractured, unless suicide was the result of slip not hanging, it was a case of homicide.

7. The likely time of death opined by him was 3 to 4 days prior to the date when he conducted the post mortem. He admitted the fact that in view of the fact that the body was putrified there was a possibility of the actual date of death being plus or minus one day. It is unfortunate that the dead body was treated with utmost disrespect and probably kept in some corridor of the mortuary and not in the chilled room.

8. It is apparent that on account of what was told to the investigating officer by Joginder PW-5 the conduct of the male members of the family was suspect.

9. Further investigation revealed information to the investigating officer that Chaman Lal was having an affair with Munni Devi, the widow of his brother Prem Singh and the deceased was against the same and to carry on the illicit affairs with Munni Devi, Chaman Lal and Munni Devi conspired to kill the deceased.

10. Though no motive surfaced during investigation against Sita Ram and Ramu, even they were sent for trial on account of their suspicious conduct.

11. Munni Devi who was seen in the house by SI Surender Singh PW-18