In cases of homicidal death within a private dwelling, the failure of the accused, who was present at the scene, to offer a plausible explanation for the injuries sustained by the deceased forms a vital incriminating link in the chain of circumstantial evidence under Section 106 of the Evidence Act.

Judgment on Board

Per Ramesh Sinha, Chief Justice.

1. Though the matter is listed for hearing on I.A.No.02/2024, application for suspension of sentence and grant of bail, but considering the fact that the appellant is in jail since 12.09.2021, this Court proceeds to hear the appeal finally.

2. The appellant has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 24.02.2024 passed by the learned Sessions Judge, Korba (District Korba) in Sessions Case No. 129/2021, whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs. 500/-, and in default of payment of fine, to undergo additional imprisonment for six months.

3. The case of the prosecution, in brief, is that on 08.09.2021 at about 14:40 hours, the complainant, Chherku Ram Rathia (PW-1), lodged a merg intimation before the police stating that at about 12:30 PM, his neighbour, Umend Singh Rathia (the accused), had committed the murder of his wife, Smt. Chaito Bai, by assaulting her with a wooden stick (danda) on suspicion of her character. On the basis of the said information, merg intimation (Exhibit P-02) was recorded and thereafter FIR (Exhibit P-23) was registered against the appellant for the offence punishable under Section 302 of the Indian Penal Code. The inquest over the dead body (Exhibit P-07) was prepared in the presence of witnesses, and the dead body was sent for postmortem examination to the Community Health Centre, Kartala, District Korba. PW-05, Dr. K.B. Singh, conducted the postmortem examination and issued the postmortem report (Exhibit P-13). During the postmortem, the following injuries were found on the body of the deceased:—

(i) Lacerated wound over the middle of the chin, measuring 5 × 3 cm, with swelling;

(ii) Contusion near the right lower jaw with fracture of the mandible and broken teeth;

(iii) Lacerated wound on the left frontal region of the head, measuring 3.5 × 2 cm;

(iv) Contusion marks over the entire chest region with underlying muscle haematoma.”

4. After conducting the postmortem examination, the doctor opined that the cause of death was excessive haemorrhage and shock resulting from the injuries sustained on the body, and that the death was homicidal in nature.

5. The saree and blouse of the deceased were seized vide seizure memo (Exhibit P-18). Blood-stained and plain soil were also seized from the spot vide seizure memo (Exhibit P-10). The spot map (Exhibit P-20) was prepared by the police, whereas another spot map (Exhibit P-15) was prepared by the Patwari. The appellant was arrested on 12.09.2021, and a wooden club (danda) bearing blood-like stains was seized from his possession vide seizure memo (Exhibit P-09).

6. The said wooden club was sent to the doctor who had conducted the postmortem examination for his opinion (query report), and the doctor furnished his report (Exhibit P-14), which is as follows:

(i) Whether the death of the deceased could have been caused by assault with the seized wooden club?

Opinion: It may be possible that death could be caused by assault with the said wooden club.

(ii) Whether human blood was present on the seized wooden club, baniyan, and towel?

Opinion: It could not be determined; therefore, chemical examination (FSL) was recommended.

(iii) Whether the injuries causing death were inflicted by the said wooden club?

Opinion: It may be