The medical evidence and burden of proof under Section 106 of the Evidence Act are crucial in establishing guilt in cases of circumstantial evidence.

JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against the judgment dated 12th January 2011, passed by the learned Additional Sessions Judge, Talcher in C.T.(Sessions) Case No.2 of 2009, convicting the Appellant for the offence punishable under Section 302 of Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.2000/- and in default to undergo RI for three months.

2. It must be mentioned at the outset that the Appellant had been charged with for committing the murder of his wife and additionally, he was charged with the offences punishable under Sections 498-A, 304-B of IPC as well as Section 4 of the Dowry Prohibition Act, 1961 (DP Act). The trial Court has by the impugned judgment, acquitted the Appellant for the offences punishable under Sections 498-A, 304-B of IPC and Section 4 of the DP Act. There were three accused persons apart from the present Appellant which included his brother, sister-in-law and nephew. However, the trial Court has by the impugned Judgment, acquitted them of all the offences they were charged with.

3. The case of the prosecution is that the marriage of the Appellant with the deceased Nirupama Sethy took place on 15th July, 2005. She was the daughter of Mahendra Sethy (PW-15), the informant. After the marriage, the accused and the deceased were staying in the house of the accused at Chakrasila Colony of Samal Barrage, where the accused was working. They were staying in the house of Biswanath Sethy, the elder brother of the present Appellant, whose wife is Sabitri Sethy and the son is Hemanta Sethy.

4. The case of the prosecution further is that soon after marriage, the accused started torturing the deceased by demanding a motorcycle for dowry. On the night of 15th December 2007, the accused/Appellant assaulted the deceased and abused PW-15 over the telephone while giving a threat that he would finish off the deceased. On the morning of 16th December 2007, the accused Appellant informed one Jasoda Sethy (PW-11), the sister of PW- 15 over telephone that the condition of the deceased was serious. She then sent Dhiren Sethy @ Kumar (PW-13), her son, to inform PW-15 about this. When PW-15 along with his relative rushed to the Talcher Hospital, they found the dead body of the deceased.

5. On receipt of this information, U.D. Case No.37 of 2007 was registered in the Talcher Police Station (PS). An inquest was held over the dead body of the deceased. Thereafter, it was sent for postmortem examination to the Talcher Hospital. On the basis of the information lodged by PW-15 at the Samal PS, an FIR was registered on 17th December, 2007 and investigation was taken up by Sri Samir Kumar Panda (PW-17) who was the Officer-In- Charge (OIC) of Samal PS. He visited the spot, arrested the accused persons and seized the gold ornaments stated to have belonged to PW-15. Thereafter, one Radha Nath Sahu, the Assistant Sub-Inspector, was sent to seize the dowry articles. The seizure list dated 17th February, 2008 was prepared by Sri Sahu in respect of the dowry articles.

6. On conducting the post-mortem of the dead body, Dr. Santilata Mohanty (PW-4), found the following:

'(i) The dead body was that of a woman of average body built, eyes closed, pupils dilated, conjunctivas congested, rigor mortis present over all four limbs.

(ii) Face congested, white coloured fine froth present on the left nostril, dried saliva mark running from left angle of mouth upto left pinna and tongue bite present. Bleeding from left ear present.

(iii) Ant bite mark on left elbow, behind the left ear, lower lip and upper lip were present.

(2) (i) There was an abrasion of size 1/4" X 1/4" on the vertebral column in tenth vertebral area.

(ii) There was another abrasion of size 1" X 1" near the left elbows.

(iii) There was another abrasion of size 1" X 1" on the right elbow.

(iv) Abrasion of the size 2" X 1/2" on the axilla, 2" below the axillary pit.

(v) Abrasion of size 1" X 1" on sternum.

(3)