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2015 Supreme(Online)(Chh) 57

CHATTISGARH HIGH COURT
*Navin Sinha, R. N. Chandrakar, JJ.
Naval Kumar Joshi and Another v. State of Chhattisgarh
Crl. A. No. 476 of 2011



The court emphasized the importance of reasonable doubt in criminal convictions, prioritizing evidence and credible arguments regarding the cause of death.

Headnote:The court examined the applicability of S.302/34 IPC regarding the conviction of the appellants for strangulation. The facts reveal a marriage characterized by domestic turmoil, leading to the deceased's death, initially ruled as a suicide. The court found failures in the trial court's assessment and misapprehension of evidence, especially medical, suggesting a suicide and not strangulation. The appeal raised pivotal questions concerning the nature of the deceased's death, with the court emphasizing contradictions and reasonable doubts in the findings of the trial court. Thus, the conviction was deemed unsustainable, resulting in the acquittal of the appellants. The order under appeal is set aside. The appellants are acquitted.

Table of Content
1. appellants accused of murder due to strangulation. (Para 1 , 2 , 3 , 4)
2. debate over evidence of motive and nature of death. (Para 5 , 6)
3. court scrutinizes evidence and expert opinions on death. (Para 7 , 8 , 9 , 10 , 11)
4. conviction set aside; appellants acquitted. (Para 12)

1. The appellants, husband and mother - in - law of the deceased stand convicted under S.302/34 IPC for the death of Manisha by strangulation and sentenced to life imprisonment along with fine of Rs.1000/- each, falling which they will have to undergo further simple inprisonment of three months each as ordered by Additional Sessions Judge, Katghora, Korba in S.T. No. 45/2010 dated 29-04-2011.

2. The appellants were charged under S.304 - B, 306 and 302/34 IPC but have been acquitted of the two former charges. Accused 3 to 7, the other family members were declared absconders.

3. The deceased was married to appellant No.1 on 4/5-12-2004. The evidence reveals that the marriage faced its ups and downs. The deceased was not very happy with what she considered were very onerous duties of house keeping as a daughter - in - law. The defence was also that she wanted her husband to set up separate house. Efforts were made by both sides to resolve the situation and on occasions, the deceased had gone to her mother' s house where her fatherin - law also came to placate her. The F.I.R. Exhibit P / 18 lodged by the father - in - law on 10.11.2009 at 12:30 pm stated that the child of the deceased was crying inside the room. On call the deceased did not open the door. The appellant no.1 had just returned from school duty. The door was broken open to find she had committed suicide by hanging from the ceiling fan. The appellants are stated to have taken the deceased to Dr. R. S. Kanwar (PW - 3) immediately at noon on 10-11-2009 who pronounced she was dead. The Marg statement, Ex. P - 16 (35/2009) lodged by appellant No.1 before the formal F.I.R on 10-11-2009 itself also stated the same sequence of events.

4. The inquest report prepared by the police, Exhibit P / 3 stated that the body was lying on the floor covered by cloth. The thumbs were turned inwards towards the palm. Both hands were slightly bent at the elbow. The genitalia was clean. There were no other external injuries on the body except a 4 inch long black mark on neck. The postmortem of the deceased was performed on 11-11-2009 by Dr. B. R. Ratri (PW - 6) along with a female doctor Smt. Shakuntala Bhagat who also signed the postmortem report, marked as Exhibit P / 9. The postmortem report in the relevant extract reads as follows:
'............eyes closed, mouth dosed, froth on lip, nasal discharge on left cheek...... deep ligature mark on middle part of neck anteriorly transversely. Length 3 1/2 inch width 1/2 Inch. On section white glistening tissue beneath ligature mark. No any ligature mark on both sides of neck and posterior part of neck, bluishness of both ventral aspect of palm are found. Faint light pink ligature mark on anterior part of both wrist joint size approximately 2 inch X 1/2 inch'.
Death was opined caused by asphyxia due to strangulation. The ligature marks on the wrist were opined to be caused by the hands having been tied while taking the dead body for postmortem. In cross - examination Dr. B. R. Ratri (PW - 6) acknowledged that in a case of strangulation, marks can be found on the left and right side of the neck. No such marks were found on the deceased. He also acknowledged in cross - examination that if a person committed suicide, then the nature of marks found in front of the neck of the deceased occurred. He also acknowledged that his opinion in the postmortem report with regard to the nature of death by strangulation was not conclusive but prima facie expression of opinion based on the marks found in front of the neck.

5. Learned counsel for the appellants submitted that no motive has been assigned by the prosecution for killing the deceased. There is no eye witness to t










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