The central legal point established in the judgment is the requirement for the prosecution to prove the cause of death and guilt beyond a reasonable doubt in murder cases.

Virender Singh, J.

Vide our short order dated 07.05.2015, the instant appeal stands allowed. The detailed judgment follows now.

2. All the three appellants (hereinafter to be referred to as ‘accused’) preferred this appeal against impugned judgment of learned Additional Sessions Judge F.T.C. II, Hazaribagh whereby and whereunder learned Additional Sessions Judge found and held all the three accused guilty for the charge of Section 302 IPC and under Section 3/4 D.P. Act and sentenced them to undergo imprisonment for life for the charge of Section 302 IPC and R.I. for one year for the charge of Section 4 of D.P. Act with the rider that both the sentences shall run concurrently.

3. As appellant No.2 Sahdali Mian died on 08.08.2015 while on bail, the instant appeal stand abated against him.

4. The father of deceased PW-4 Buton Mian, who came to know from his nephew Kamruddin that his daughter Jamila Khatoon died, went along with his all family members to the matrimonial house of his daughter and saw that his daughter was lying dead on a cot. He noticed swelling on her face and neck. He also noticed fracture on her leg. It is alleged that the informant came to know from the neighbouring people that all the three accused persons viz Jamal Mian (husband), Sahdali Mian (father-in-law) and Amna Khatoon (mother-in-law) had killed his daughter last night and spread a rumour that Jamila committed suicide. The genesis of occurrence and motive behind crime has been stated as the in-laws of deceased had demanded cash Rs.5000/- from informant’s daughter on the eve of Id this year but informant could not fulfill their demand whereupon they had given death threatening to his daughter for which a panchayati was convened, as a result of which, the in-laws of his daughter had become annoyed with deceased, who ultimately killed her after eight years since marriage.

5. Prosecution in support of its case produced and examined altogether 8 witnesses. PW-8 Dr. A.A.Faruquie, who conducted autopsy over dead body of deceased, got the postmortem report exhibited as Ext.2 rest witnesses of fact PW-1 Sobrati Mian (relative of deceased), PW-3 Md. Ali (relative of deceased), PW-4 Butan Mian (father of deceased), PW-5 Leko Mian (resident of other village), PW-6 Fakiran Khatoon (bhabhi of deceased), who reached at place of occurrence after occurrence stated hearsay evidence of killing but described about injuries noticed over dead body and PW-7 Majbul Ansari proved the signature of witnesses made on inquest report.

6. Learned counsel for the appellants pointed out the vital flaws in the case of the prosecution viz. the initial statement within the fardbeyan is not duly proved when the first informant had stepped into the witness box; there is no eye witness to the occurrence; I.O. has not been examined. The most fundamental defect in the prosecution case is that it has failed to prove cause of death of the deceased as the cause of the death was initially reserved for the reason that viscera was sent for chemical examination. Viscera report was never produced during the trial by the prosecution, therefore, cause of death is not proved.

7. Learned counsel further submitted that may be on the person of the deceased there appears to be abrasion on her lips and some red material was also noticed coming out from the mouth and nostril of the deceased, all these symptoms would not be enough to prove that the death was homicidal in nature. Learned counsel, in the same breath, submitted that there is no evidence worth the name to even prove that the death is suicidal, may be it happens to be an unnatural death, that too in the house of the accused only. Learned counsel added that assuming for the sake of argument, unnatural death of the deceased, by any stretch of imagination, is taken as suicidal death (although not proved by the prosecution), there appears to be no evidence worth the name to prove the ingredients of abetment so as to dilute the gravity of the