A husband's conviction for murdering his wife by strangulation was upheld on circumstantial evidence. The Court found the chain complete and treated the false alibi, inconsistent robbery defence and unexplained circumstances as additional incriminating circumstances. The appeal against conviction and sentence was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
appeal-681-2012.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
APPEAL NO.681 OF 2012
Jalal Siddiqui Mulla]
Adult Indian Inhabitant, Sunni Muslim]
Age: 30 yrs. about, residing at ]
Munharpur, Mallikpada, Post-Dankuni,]
District:- Hubli, West Bengal.]
(At present in Kolhapur Central Prison,]
Kolhapur)]Appellant
Vs.
The State of Maharashtra ]
to be served through Public ]
Prosecutor, High Court, Mumbai ]
At the instance of Ghatkopar Police]
Station C.R. No.414 of 2010.]Respondents
Mr. Niteen Pradhan a/w Ms. Shubhada D. Khot a/w Ms. Ameeta
Kuttikrishnan a/w Mr. Danish Patel a/w Ms. Tanvi Tapkire, for
Appellant.
Ms. M. M Deshmukh, A.P.P., for Respondent-State.
CORAM : SMT. SADHANA S. JADHAV &
PRITHVIRAJ K. CHAVAN, JJ.
RESERVED ON: 3rd DECEMBER, 2021.
PRONOUNCED ON: 16th DECEMBER, 2021.
SHAILAJASHRIKANT Digitally signed by SHAILAJASHRIKANT HALKUDEDate: 2021.12.16 14:51:19 HALKUDE +0530
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JUDGMENT: [Per Prithviraj K. Chavan, J.]:
1.Feeling aggrieved with and dissatisfied by the impugned
judgment of conviction dated 17th March, 2012 passed by the
learned Additional Sessions Judge, Greater Bombay in Sessions
Case No.773 of 2010, the appellant has preferred this appeal, who
has been sentenced to imprisonment for life with fine of
Rs.3,000,/- with default clause of three months simple
imprisonment.
2. The prosecution story goes as under;
3.Deceased Sakina was the wife of the appellant. Their
marriage was solemnized on 3rd May, 2008. It was an arranged
marriage. In the marriage, deceased Sakina was given gold
necklace, gold chain, gold ear rings, gold bangles, gold nose ring
etc by her parents/brothers.
4.After the marriage, deceased Sakina came to co-habit with
the appellant in a building known as "Mehta Building". It was a
rented premises arranged by the brother of deceased Sakina for
his sister and the appellant. However, after about a month of their
marriage, the appellant started harassing deceased Sakina on the
pretext that he was unable to afford rent of Rs.3000/- per month.
He used to pick up quarrels on petty domestic issues. He was also
insisting upon deceased Sakina that they should buy one house,
obviously suggesting that his in-laws should help him. The
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appellant had even sold most of her gold ornaments. Deceased
Sakina, therefore, kept her remaining gold articles with her
parents as she had an apprehension that the appellant might sold
remaining articles also.
5.Due to the demand of the appellant, brother of deceased
Sakina bought one house at Ghatkopar for her and the appellant.
However, it was bought jointly in the name of deceased Sakina and
her brother Mohammad Sufikar. Even though, there was no
change in the behaviour and attitude of the appellant, who
continued harassing deceased Sakina by insisting that house
should be transferred in his name.
6.On the fateful day of 1st September, 2010, deceased Sakina
was found dead in the house. Froth was emanating from her
mouth. The appellant was present in the house. Deceased Sakina
was taken to the Hospital. She was declared brought dead. P.W.1-
Mohammad Iqbal Zagaria Mulla- brother of deceased Sakina had
lodged a report against the appellant on 2nd September, 2010. A
crime bearing No.414 of 2010 came to be registered against the
appellant under section 304 (B) of the Indian Penal Code (for
short "I.P.C").
7.P.W.6-Dinkar Krishna Chandankar - Assistant Police Inspector
held investigation into the crime. He visited the scene of
occurrence. He drew a spot panchanama (Exhibit 22). He
prepared sketch of the spot of the incident (Exhibit 22-A). An
inquest was drawn. Dead body of deceased Sakina was sent for
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postmortem. Statements of the witnesses came to be recorded.
Viscera was sent for chemical analysis to the Forensic Science
Laboratory. The appellant-accused came to be arrested vide
panchanama (Exhibit 24).
8.Further investigation was held by P.W.7-Mamta D'Souza-
Police Inspector attached to Ghatkopar Police Station. She had
recorded statements of some of the witnesses. She issued a letter
to the Medical Officer of Rajawadi Hospital for ascertaining the
exact time of death of deceased Sakina. After receiving time of
death, section 302 of the Indian Penal Code was added. After the
investigation, a charge-sheet was filed in the Court of 49th
Metropolitan Magistrate's Court Vikhroli, Mumbai.
9.Since offence was triable exclusively by the Court of
Sessions, the Magistrate committed the case to the Sessions Court.
10.A charge was framed by the learned Additional Sessions
Judge below (Exhibit 6) under sections 498-A, 304-B and 302 of
the Indian Penal Code. It was read over and explained to the
appellant to which he pleaded not guilty and claimed a trial. His
defence was of total denial and false implication in this case.
11.During his statement under section 313 of the Code of
Criminal Procedure, when he was asked by the learned Additional
Sessions Judge, whether he wants to say anything, he answered
that he was on duty at the time of the incident and, therefore, did
not know anything. He has taken a plea of alibi. He further stated
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that there was a theft in his house. No defence evidence has been
adduced on his behalf.
12.The learned Additional Sessions Judge, having considered
the evidence on record, accepted prosecution's case and found the
appellant guilty of the offence punishable sunder section 302 of
the Indian Penal Code. The learned Additional Sessions Judge,
however, in her wisdom, acquitted him of the offences punishable
under sections 498-A and 304-B of the Indian Penal Code.
13.We heard Mr. Pradhan and Ms. Khot, learned Counsel for the
appellant and Ms. Deshmukh, learned A.P.P, for respondent-State.
14.At the outset, Mr. Pradhan, learned Counsel would argue
that this is a case based on circumstantial evidence wherein the
prosecution has miserably failed in establishing the link and,
therefore, the impugned judgment needs to be interfered with.
Mr. Pradhan would argue that the appellant had already been
acquitted of the offence punishable under section 498-A and 304-B
of the Indian Penal Code. Only charge against him is under section
302 of the I.P.C. Postmortem had been conducted after 12 hours.
Rigor mortis had been settled. There were no injury marks on the
dead body of deceased Sakina. As per the evidence of P.W.6-Dinkar
Chandankar - the Investigating Officer, when he reached on the
spot, Sakina was unconscious and, therefore, it cannot be said to
be an act committed by the appellant. The learned Counsel took
us through the evidence of P.W.1-Mohammad Iqbal Zagaria Mulla,
brother of deceased Sakina and the F.I.R dated 2nd September,
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2010. He would submit that even there is a delay in lodging the
F.I.R which remained unexplained by the prosecution. It is argued
that C.A report in respect of viscera of the stomach, intestine,
spleen, liver, kidney etc did not reveal any poison. However, it is
the prosecution's case that froth was oozing from the mouth of
deceased Sakina which creates a doubt as regards the cause of
death. Even it is evident from the inquest that her tongue was
entangled between her teeth and the nails were cynosed.
15.Per contra, Ms. Deshmukh, learned A.P.P supported the
impugned judgment by drawing our attention to the fact that
deceased Sakina was in the custody of the appellant and she was
last seen alive together with the appellant in the house. She would
argue that there was a motive for the appellant to commit the
offence as he was insisting upon transferring the house in his name
and that he had also sold her gold ornaments within a very short
span of the marriage.
16.Learned A.P.P would further argue that the appellant had
failed to discharge onus in view of section 106 of the Indian
Evidence Act. It is submitted that the arrest panchanama(Exhibit
24) indicates scratches on the body of the appellant and there
were three abrasions on his forehead as well as injuries to his right
palm which remained unexplained and would definitely indicate
his complicity in the offence of committing murder of his wife.
17.Deceased Sakina was married with the appellant on 3rd May,
2008 and breathed her last within a shot span of time i.e on 1st
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September, 2010. It is quite unfortunate and tragic that a newly
married girl succumbed to the fatal injuries inflicted upon her by
none other than the appellant with whom she must have dreamt of
leading a happy and blissful married life.
18.This is a case of circumstantial evidence since there is no
direct evidence. As has been observed by catena of decisions in
various pronouncements that when a case is based on
circumstantial evidence, it must satisfy a few tests:
(a)the circumstances from which an inference
of guilt is sought to be drawn must be cogently
and firmly established;
(b)those circumstances should be of a definite
tendency unerringly pointing towards the guilt of
the accused;
(c)the circumstances, taken cumulatively,
should form a chain so complete that there is no
escape from the conclusion that within all human
probability the crime was committed by the
accused and none else; and
(d)the circumstantial evidence in order to
sustain conviction must be complete and
incapable of explanation on any other hypothesis
than that of the guilt of the accused and such
evidence should not only be consistent with the
guilt of the accused but should be inconsistent
with his innocence.
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19.The entire chain of circumstances brought forth by the
prosecution established that within all human probabilities, a
crime was committed by none other than the appellant. Each link
of the chain unerringly points out towards the complicity and
involvement of the appellant in eliminating deceased Sakina. We
say so for the reasons to follow.
20.P.W.1-Mohammad Iqbal Zagaria Mulla (hereinafter referred
to as "Mohammad Iqbal") is the brother of deceased Sakina who
works as a reporter in a newspaper known as "Apala Wartahar".
His evidence indicates that after the marriage of his sister Sakina
with the appellant, she went to co-habit with him in one "Mehta
Building". It was an arranged marriage. The said premises was
taken on rent by P.W.1-Mohammad Iqbal along with his brothers
for deceased Sakina. Within a month of their marriage, the
appellant started asking Sakina and her family members to buy a
house for them as he could not afford to pay rent of Rs.3000/- per
month. P.W.1- Mohammad Iqbal and family members thought that
everything will be alright after a few days as the marriage was
quite new and, therefore, did not pay much attention to the
demand of the appellant. However, the evidence further reveals
that the appellant started harassing and ill-treating deceased
Sakina on petty domestic matters viz; he used to ask her to wash
his clothes five times a day without using a brush. He used to
prohibit her from drinking extra cup of tea by saying that they
should not spend more on tea.
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21.Evidence of P.W.1-Mohammad Iqbal further reveals that the
entire marriage expenses were borne by them and that they had
also given gold necklace, gold chain, gold ear rings (zumka), four
gold bangles, gold nose ring, silver foot chain (payal) in the
marriage. However, the appellant had sold most of her gold and
silver ornaments within seven to eight months of their marriage.
The appellant was working in a Diamond Setting Company and
was earning Rs.10,000/- per month. The evidence further reveals
that in order to safeguard her remaining ornaments, deceased
Sakina had kept rest of her ornaments in the custody of her
parents. Whenever, she wanted to attend any function, she used to
fetch the ornaments and again used to place the same in the
custody of her parents after attending the function.
22.The evidence further reveals that in order to facilitate cordial
relations between the couple, they agreed to bear half of the rent
of the premises. However, the appellant even did not agree to bear
50% of the rent amount. Subsequently, parents of P.W.1-
Mohammad Iqbal contributed some amount and bought a house
for deceased Sakina at Ghatkopar. It was in the joint name of
deceased Sakina and elder brother of P.W.1-Mohammad Iqbal namely
Mohammad Sufikar.However, the appellant started insisting upon
deceased Sakina and her parents that the house should be transferred in
his name. On that count, he started torturing deceased Sakina.
23.On 1st September, 2010, P.W.1-Mohammad Iqbal had left
the house for his work at 3.00 p.m. Around 4.00 p.m., he received
a call on his mobile from his sister-in-law Hasina. She informed
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him that Sakina was not well and her husband had taken her to
the Hospital. She asked this witness to come home immediately.
This witness contacted his other brothers and all of them reached
home. Members of the family were crying. He suspected something
wrong with respect to Sakina. His mother informed him that
Sakina had expired and the appellant had informed them about
her death.
24. All the family members went to the house of the appellant.
They noticed body of deceased Sakina lying on a bed and the
appellant was standing beside her. Froth was oozing from her
mouth. Her body was covered with a blanket. She was not
breathing. Some people had gathered over there. They informed
that Police had been called. The Police came over there and took
the body of Sakina to Rajawadi Hospital. Postmortem was
conducted. It was revealed that her death was caused due to
pressure on her neck and chest. This is the examination-in-chief of
P.W.1-Mohammad Iqbal. He lodged an F.I.R (Exhibit 12-A) on 2nd
September, 2010.
25.A futile attempt has been made by the defence to rebut his
testimony, however, nothing significant could be elicited which
would render his testimony unworthy of credit. A few aspects
surfaced during the cross-examination which are significant. It is
suggested by the defence that quarrels on the issue of washing of
clothes or drinking of tea are very common in early years of
marriage in almost all couples. The witness accepted it as true.
However, it cannot be a common phenomenon amongst newly
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married couples. Rather, during early days of marriage, husband
takes utmost care of wife by ensuring that she is not subjected to
unnecessary troubles and household work. This suggestion implies
that what has been testified by P.W.1-Mohammad Iqbal as regards
asking deceased Sakina to wash clothes five times a day or
prohibiting her from drinking tea is true. The evidence and even
prosecution case indicates that the appellant was a spendthrift. It
has been suggested that there is nothing wrong if a married person
wants to spend money for shopping and purchasing clothes for
himself. Obviously, there may not be anything wrong, but for
fulfilling his extravagant acts, it is not expected of a husband to
torture and ill-treat his wife by selling her stridhan i.e gold
ornaments and also to demand a house to be transferred in his
name.
26.There are few omissions, in the sense, P.W.1-Mohammad
Iqbal had not stated before the Police as regards paying rent of the
premises to the appellant. He testified that as he was disturbed at
the time of recording his statement, he could not state the said
fact. He admits that despite knowing about the torture to deceased
Sakina by the appellant, they did not lodge any report, obviously,
for the reason that, in such cases, within such a short span of
marriage, nobody is expected to immediately approach the Police.
The first attempt, in such cases, is always to see that the dispute
and quarrels are amicably settled. It is suggested as to why no
report was lodged against the appellant when he started torturing
deceased Sakina for transferring the house in his name? This
impliedly means that there was a torture to deceased Sakina by the
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appellant for getting house transferred in his name. There is no
suggestion that there was no such torture to deceased Sakina by
the appellant. For that reason, P.W.1-Mohammad Iqbal volunteered
that since they did not want to disturb her matrimonial life, they
did not lodge any complaint. The reason given by the witness is
quite convincing and acceptable.
27.A suggestion was given by the defence that father of
deceased Sakina and this witness had a shop (gala) in Shivshakti
Industrial Estate, Andheri (East). Market price of the said gala is
about Sixty Two Lakhs. Deceased Sakina had a share in the said
gala. P.W.1-Mohammad Iqbal and his family members did not want
to pay deceased Sakina her share and, therefore, they used to
torture her. However, this suggestion has been denied by P.W.1-
Mohammad Iqbal.
28.P.W.2-Akkasali Zakaria Mulla is another brother of deceased
Sakina who spoke in tune with P.W.1-Mohammad Iqbal on material
aspects viz; marriage of deceased Sakina with the appellant, his
persistent torture and harassment to deceased Sakina on account
of transferring house in his name which was purchased by the
witness for deceased Sakina at Ghatkopar for a consideration of
Rs.3.5 lakhs. He further corroborated testimony of P.W.1-
Mohammad Iqbal as regards harassment of deceased Sakina to
whom the appellant used to trouble by asking her to wash his
shirts five times a day. He specifically deposed that the house was
purchased as per the demand of the appellant. Even though, there
was no change in the behaviour and attitude of the appellant
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towards deceased Sakina to whom he continued torturing and
harassing. P.W.2-Akkasali Zakaria corroborated the evidence of
P.W.1-Mohammad Iqbal that the house was purchased jointly in the
name of deceased Sakina and Zulfikar. Despite making several
attempts to persuade the appellant, it fell on deaf ears and he
continued ill-treating deceased Sakina.
29. P.W.2-Akkasali Zakaria further corroborated the evidence of
his brother P.W.1-Mohammad Iqbal on the aspect of selling gold
ornaments of deceased Sakina given to her in the marriage.
Deceased Sakina, therefore, used to keep her remaining ornaments
in the custody of her parents and brothers as she had a reasonable
apprehension that the appellant would sell remaining ornaments
also. From the evidence of this witness, greedy and spendthrift
nature of the appellant is quite apparent. We do not find any
reason to disbelieve the versions of these two witnesses which
remained un-rebutted in the cross-examination.
30.According to P.W.2-Akkasali Zakaria Mulla, he came to know
about the incident on 1st September, 2010, when he was on his
duty. At about 4.30 p.m to 5.30 p.m, his brother P.W.1-Mohammad
Iqbal informed him about Sakina's bad health. When he reached
the house of the appellant, they realized that she was dead. This
witness also noticed deceased Sakina lying on the bed covered
with a blanket. Her eyes were closed. Froth was coming from her
mouth and she was not making any movements. The Police arrived
at the spot. They examined Sakina and immediately moved her to
Rajawadi Hospital where she was declared dead at about 7.30
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p.m. He specifically testified that since they were unaware of the
cause of her death, they asked the Police to make an inquiry.
31.Interestingly, in the cross-examination, it has been surfaced
that the appellant was earning Rs.8,000/- to 10,000/- per month
which he used to spend for purchasing his clothes, shoes and for
hotelling. This evidence on record further fully corroborates the
spendthrift nature of the appellant and it can easily be inferred
that not only had he sold the ornaments of deceased Sakina but
also wanted the house to be transferred in his name. It further
strengthens the fact that he even did not allow deceased Sakina to
drink another cup of tea. The cross further reveals that no
complaint was lodged with the Police when the appellant started
harassing deceased Sakina for demand of the house. Merely
because no complaint was lodged by the parents of deceased
Sakina, does not mean that deceased Sakina was not tortured or
harassed by the appellant for his illegal demands.
32.Cross-examination further strengthens the prosecution case
that attempts were made by the family members of deceased
Sakina to convince the appellant. It has been further surfaced in
the cross-examination that the ornaments which were given to
deceased Sakina in her marriage were made by mother of this
witness, much prior to her marriage. It has again been buttressed
in the cross-examination that elder brother of this witness
Mohammad Zulphikar and Mohammad Sabi had purchased the
said house for Sakina.
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33. Thus, it has been sufficiently established and proved from
the testimony of this witness that deceased Sakina was subjected
to continuous harassment and torture by the appellant on account
of his demand of transferring house in his name and also the fact
that he had sold her gold ornaments though he was earning a
good salary in the year 2009 which was sufficient to lead a decent
life for husband and wife. We do not find any reason to disbelieve
the testimonies of P.W.1-Mohammad Iqbal and P.W.2-Akkasali
Mulla. Merely because they are brothers of deceased Sakina, their
evidence cannot be branded as the evidence of interested
witnesses as they withstood the cross-examination.
34.It cannot be lost sight of the fact that even P.W.3-Mohammad
Shoaib Mumtazali, a neighbour of the appellant testified that
deceased Sakina never used to mix up with the neighbours and
normally used to remain in the house. This is the most relevant
fact in the given set of circumstances, which, per se, may not
conclusively establish the strained relations between the couple,
inter se, yet, it can very well be inferred and deduced that
deceased Sakina, who was a newly married woman would
normally be eager to interact with the women in the
neighbourhood. However, behaviour of Sakina, as surfaced during
the evidence was something unusual. The defence chose not to
cross-examine this witness.
35. However, testimony of P.W.3- Mohammad Shoaib Mumtazali
further finds substantial support from one more independent
witness P.W.5-Razia Mohd Hayat Shaikh. She too is a resident of
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the same thickly populated locality for more than 15 years along
with her husband, son and a daughter. Her evidence indicates that
she knows the appellant, however, she did not know the name of
the deceased. Deceased used to fetch water from the public tap.
She categorically testified that whenever deceased used to fetch
water, she always looked sad. This witness had no occasion to talk
to her. This is also something quite unusual, as normally while
fetching water from public tap in any locality, women obviously
would speak to each other. Why a newly married girl should look
sad? The answer is obvious as has been discussed hereinabove.
Not only that, P.W.5-Razia Mohd. Hayat Shaikh also testified that
deceased always used to keep door of her house closed. This
witness was declared hostile by the prosecution. The witness
denied to have stated before the Police that deceased had informed
her about harassment at the hands of the appellant as well as
about quarrels between the appellant and the deceased. Evidence
of this witness can be accepted partially as the maxim falsus in
uno, falsus in omnibus is neither a rule of law nor rule of practice.
Evidence of P.W.5-Razia Mohd. Hayat Shaikh can very well be
accepted and relied upon to the extent of aloofness and sadness of
deceased Sakina whenever she used to fetch water from the public
tap.
36.Merely because P.W.5-Razia Mohd. Hayat Shaikh did not
testify about alleged harassment at the hands of the appellant does
not ipso facto mean that her entire evidence is to be outrightly
rejected. The Court has to assess the worth of necessarily imperfect
human testimony. Evidence of this witness cannot be rejected in
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toto merely because prosecution chose to treat her as a hostile
witness and then cross-examined her. Her evidence cannot be
effaced or washed off altogether on the important aspect of overall
nature of deceased Sakina as stated above. This is also a very
important circumstance in the given set of facts.
37.The second and the most important aspect is as to whether
deceased Sakina died a homicidal death and thirdly, whether the
appellant was the author of the injuries on her person, meaning
thereby, whether there is a direct nexus between the death of
deceased Sakina and the appellant?
38.P.W.4-Dr. Baban Shavkha Tadwi was attached to Rajawadi
Hospital with effect from 1st October, 2009 to 30th May, 2011. He
conducted autopsy on the dead body of the deceased on 2nd
September, 2010. On external examination, he noticed following
injuries;
(a) Contusion left elbow region reddish colour lateral above elbow size 3 c.m x 1 c.m on cut section underneath hemorrhage;(b) Contusion left arm lateral mid level size 4 c.m x 1 c.m reddish on cut section underneath hemorrhage;(c) Contusion at right side of face maxilla region reddish size 2 c.m x 1 c.m;(d) Scratch injury through left side of neck region reddish size 1 cm x 0.5 c.m.17 of 44
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39.On internal examination, P.W.4-Dr. Baban Tadwi, noticed
following injuries;
(a) On scalp internal contusion noted left side partial region reddish size 3 c.m x 3 c.m upto muscle deep;(b) On examination of brain, intracranial hemorrhage noted on cut section hemorrhagic patch present;(c)On internal examination of thorax, internal contusion
left side of chest between 3rd to 7 intercostal space with a
blackish reddish size 12 c.m x 5 c.m on cut section
hemorrhage seen;
(d) In pleura there was contusion noted;(e) Tracheal shows para tracheal contusion noted size 2 c.m x 1 c.m and right lung shows hemorrhagic patch;(f)Left lung - whole lung was reddish black with
congention with contusion seen;
All the aforesaid injuries according to him were antemortem.
He had preserved viscera. He opined that probable cause of death
was due to neck compression with chest compression and also
with multiple injuries. He further clarified that the injuries which
have been mentioned in column No.17 are most probably due to
assault. Even internal injuries could be caused due to assault.
Injuries noted in column No.20 i.e thorasic portion of the
body (internal injuries) could be caused due to compression of
neck by applying external pressure. The injuries in lungs were also
due to compression of chest.
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40.Cynosed nails is a kind of blue discolouration of nailbed
which occurs when oxygen level falls down and person is on death
bed. When the chest and neck were compressed by the assailant,
there bound to be less supply of oxygen resulting into
discolouration of nail.
41.P.W.4 - Dr. Baban Tadwi further opined that injury noted in
column No.19 could be due to hard and blunt object. The expert
had categorically deposed that the aforesaid injuries are not
possible if a person hangs himself. Accordingly, postmortem report
which was signed by P.W.4-Dr. Baban Tadwi and one Dr. Bagul has
been proved at Exhibit 16.
42.A futile attempt has been made by the defence to shatter the
version of the medical expert. In the cross-examination, Dr. Baban
Tadwi admits that if froth is present in the mouth of the dead body,
same could be the evidence to detect poison. It transpired in the
evidence that death of deceased occurred within 36 hours of
commencing of the postmortem. He also admits that if the dead
body is examined soon after death, bruises mentioned in
paragraph 17 i.e injury No.4 appears reddish and if the body is
examined after some time, it appears brownish, dry and parched.
He further admits that it requires 12 hours for setting rigor mortis
soon after death. In the case at hand, the witness admits that rigor
mortis was absent in upper limb and partially present in lower
limb.
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43.The incident in question had occurred on 1st September,
2010 as per the information given by the appellant and
postmortem commenced at 12.00 noon on 2nd September, 2010.
Thus, death could have been occurred somewhere in the midnight
of 31st August, 2010. Most of the cross-examination of this witness
is only with a suggestion that why the witness did not feel it
necessary to mention certain things which does not, in any
manner, renders his testimony unbelievable. The evidence on
record is quite sufficient to establish that deceased Sakina died a
homicidal death due to neck compression and chest compression
with multiple injuries.
44.Once, it has been conclusively established that deceased
Sakina died a homicidal death, the next important aspect would be
whether she was last seen together with the appellant and was in
his custody? The learned trial Judge, in the impugned judgment
framed a point whether prosecution has proved that death of
deceased was otherwise than under normal circumstances within
seven years of her marriage? Finding to this point was answered in
the affirmative. There is no doubt that deceased Sakina died
within seven years of her marriage. Since, the learned Additional
Sessions Judge has acquitted the appellant of the offence
punishable under section 498-A and 304-B of the I.PC, we would
not venture into that aspect though it could be a relevant fact in
the given set of circumstances.
45.Motive may be considered as a circumstance which is
relevant for assessing the evidence. It would be apposite to extract
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the observations of the Hon'ble Supreme Court in case of State of
Uttar PradeshVs. Kishanpal and others, 2008 (16) Supreme Court
Cases, 73. Paragraphs 38 and 39 of the said judgment read thus;
"38.Regarding the motive, according to the
prosecution, the accused persons had enmity with
the complainant's party including the deceased
persons and their family members. There was an
ancestral land of Suraj Pal Singh, Raghubir Singh
and Jograj Singh. A sheesham tree was standing
therein. The Chak of Daulat Singh, accused is
adjacent to the said land. Daulat Singh and
Yudhishtir Singh wanted to cut the said tree but they
were not permitted and Raghubir Singh lodged a
report against Daulat Singh, Yudhishtir Singh, Onkar
Singh, Kishanpal, Naresh Singh, Suresh Singh, Gyan
Singh, Sher Singh, Mahendra and Amol Singh. The
said report dated 9-3-1978 has been marked as Ext.
KA-15. Thereafter Naresh Singh and Onkar Singh got
a false report lodged by Tok Singh under Section 392
IPC against Ranvir Singh, Balbir Singh and Rambir
Singh on 6-5-1978. Onkar Singh and Daulat Singh,
accused persons in the case on hand, were cited as
prosecution witnesses. This is evident from Exts. KA-
17. The police, however, submitted final report
which infuriated Daulat Singh and Onkar Singh.
Further, two days prior to the present occurrence
when Raj Mahesh and Kaptan Singh were going in
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front of the shop of Onkar Singh, the latter extended
threat to them of dire consequences. Though it was
pointed out that for such a serious crime, the said
motive was highly insufficient, as rightly observed by
the trial Judge, the motive is a thing which is
primarily known to the accused themselves and it is
not possible for the prosecution to explain what
actually promoted or excited them to commit the
particular crime.
39.The motive may be considered as circumstance
which is relevant for assessing the evidence but if the
evidence is clear and unambiguous and the
circumstances prove the guilt of the accused, the
same is not weakened even if the motive is not a
very strong one. It is also settled law that the motive
loses all its importance in a case where direct
evidence of eyewitnesses is available, because even if
there may be a very strong motive for the accused
persons to commit a particular crime, they cannot be
convicted if the evidence of eyewitnesses is not
convincing. In the same way, even if there may not
be an apparent motive but if the evidence of
eyewitnesses is clear and reliable, the absence or
inadequacy of motive cannot stand in the way of
conviction".
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46.Turning back to the case in hand, it has come in the evidence
of P.W.1-Mohammad Iqbal that it was the appellant who had
informed his mother that Sakina had expired. Undisputedly, when
P.W.1-Mohammad Iqbal and P.W.2-Akkasali Mulla reached the
house of the appellant, they noticed the appellant standing near
her. There is no evidence as regards behaviour and reaction of the
appellant at the relevant time. Nevertheless, it is apparent from the
record that the appellant, though had informed his mother-in-law
that Sakina had expired, did not make any attempt either to call
the neighbours, the Police or immediately take his wife to the
Hospital. It is not the case of the appellant that he is an illiterate
rustic person. He works in a Diamond Setting Company. He was a
person who was last seen in the company of the deceased when
she was alive. Such conduct of the appellant is quite unusual,
uncommon and unnatural. An ordinary prudent man, after
noticing froth oozing from the mouth of his wife who was lying on
the bed, covered with blanket, would immediately take her to the
hospital or at least call some Doctor for medical assistance. The
appellant did not do anything. This is a very strong circumstance
as regards his unnatural conduct.
47.Next circumstance is, in his statement under section 313 of
the Code of Criminal Procedure, he took a plea of alibi though
there is no such suggestion given to any of the witness in the cross-
examination. The last question and answer is extracted below;
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"Q.16: Do you want to say anything more in your defence?
Ans : False case is lodged against me. I was on duty. I do
not know anything. When I came from duty, I informed my
mother-in-law. There was theft in my house".
Surprisingly, neither the appellant informed the Police about the
alleged theft or robbery in the house nor, even for that matter,
disclosed what are the articles alleged to have been stolen. There
is no whisper to that effect.
48.It is pertinent to note that the spot panchanama (Exhibit 22
and Exhibit 22-A) reveals that it was a chawl with a dense locality.
Measurement of the house was 12'x15'. The dead body was lying
over a wooden bed admeasuring 4x6 feet. There is a cupboard.
Doors of the cupboard as well as locker inside was found open
with keys entangled in the door. Clothes and sarees were found
scattered. It is quite obvious that the appellant had himself
created a scene of robbery which no sane man would accept and
believe for the simple reason that in a broad day light, that too, in
a thickly populated locality, such incident could hardly occur. It
was indeed a brain trick of the appellant. As already stated, neither
he informed the Police nor there is any suggestion to the
prosecution witnesses to that effect. It appears that the appellant
tried to be over smart in creating a scene of robbery by stating that
some unknown criminals entered his house and attempted to rob
and kill his wife. All that was just a smokescreen.
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49.Had there been a robbery by some unknown persons,
deceased Sakina would not have been lying on a bed covered with
a blanket. There are no signs of any resistance on her person. It
would be too much to expect that the robbers would cover the
dead body with blanket and flee away with the booty. It is not
clear as to who informed the Police, as according to the
prosecution, they received a message through wireless. It obviously
means that somebody had dialled 100. If only the appellant was
aware about death of his wife, who else would inform the Police
than him? This is so because even he had informed his mother-in-
law on phone that Sakina was no more.
50.As already stated, the appellant had also taken a plea of alibi
by stating that he did not know anything as he was in the office. It
is a false plea of alibi, as the appellant has failed to substantiate
the same even on the basis of circumstances. Attendance register
of Lucky Star Jewellery Exports (I) Private Limited Company
where the appellant was working indicates that from 25th August,
2010 to 31st August, 2010, he was absent from the duties. He
attended the duties on 1st September, 2010 at 8.00 a.m. As
already discussed, in view of the postmortem report, possibility of
committing murder of deceased Sakina in the night of 31st August,
2010 itself cannot be ruled out when the appellant was very much
in the house and deceased Sakina was in his custody. Since he has
taken a false plea of alibi, it can be taken as a circumstance against
him. False and inconsistent defence taken by the accused charged
for an offence of murder were held to be additional circumstance
against him and strengthens the chain of circumstances already
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firmly established.Plea of alibi must be proved with absolute
certainty so as to completely exclude the possibility of the presence
of the accused at the place of occurrence.
51.The appellant herein has not only raised a false plea of alibi
but had also taken inconsistent defences viz; robbery and
consequent murder of deceased Sakina in his absence. The Hon'ble
Supreme Court in case of G. Parshwanath V. State of Karnataka,
AIR 2010 Supreme Court 2914 succinctly made following
observations on the aspect of raising false plea by the accused as
well as false and inconsistent defences taken in a case of murder.
It is held that such false pleas and inconsistent defences constitute
additional circumstance against the appellant and it strengthens
the chain of circumstances already firmly found. It would be
apposite to extract paragraphs 11 and 23 of the judgment which
read thus;
"11. The evidence tendered in a court of law is
either direct or circumstantial. Evidence is said
to be direct if it consists of an eye-witness
account of the facts in issue in a criminal case.
On the other hand, circumstantial evidence is
evidence of relevant facts from which, one can,
by process of intuitive reasoning, infer about
the existence of facts in issue or factum
probandum. In dealing with circumstantial
evidence there is always a danger that
conjecture or suspicion lingering on mind may
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take place of proof. Suspicion, however, strong
cannot be allowed to take place of proof and,
therefore, the Court has to be watchful and
ensure that conjectures and suspicions do not
take place of legal proof. However, it is not
derogation of evidence to say that it is
circumstantial. Human agency may be faulty in
expressing picturisation of actual incident, but
the circumstances cannot fail. Therefore, many
a times it is aptly said that "men may tell lies,
but circumstances do not". In cases where
evidence is of a circumstantial nature, the
circumstances from which the conclusion of
guilt is to be drawn should, in the first
instance, be fully established. Each fact sought
to be relied upon must be proved individually.
However, in applying this principle a
distinction must be made between facts called
primary or basic on the one hand and inference
of facts to be drawn from them on the other. In
regard to proof of primary facts, the court has
to judge the evidence and decide whether that
evidence proves a particular fact and if that
fact is proved, the question whether that fact
leads to an inference of guilt of the accused
person should be considered. In dealing with
this aspect of the problem, the doctrine of
benefit of doubt applies. Although there should
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not be any missing links in the case, yet it is
not essential that each of the links must appear
on the surface of the evidence adduced and
some of these links may have to be inferred
from the proved facts. In drawing these
inferences, the court must have regard to the
common course of natural events and to
human conduct and their relations to the facts
of the particular case. The Court thereafter has
to consider the effect of proved facts. In
deciding the sufficiency of the circumstantial
evidence for the purpose of conviction, the
court has to consider the total cumulative
effect of all the proved facts, each one of which
reinforces the conclusion of guilt and if the
combined effect of all these facts taken
together is conclusive in establishing the guilt
of the accused, the conviction would be
justified even though it may be that one or
more of these facts by itself or themselves
is/are not decisive. The facts established
should be consistent only with the hypothesis
of the guilt of the accused and should exclude
every hypothesis except the one sought to be
proved. But this does not mean that before the
prosecution can succeed in a case resting upon
circumstantial evidence alone, it must exclude
each and every hypothesis suggested by the
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accused, howsoever, extravagant and fanciful it
might be. There must be a chain of evidence so
complete as not to leave any reasonable
ground for theconclusion consistent with the
innocence of the accused and must show that
in all human probability the act must have
been done by the accused, where various links
in chain are in themselves complete, then the
false plea or false defence may be called into
aid only to lend assurance to the court.
23. If all the circumstances mentioned above
are taken together coupled with the absence of
any material to indicate that Chethana had
committed suicide with the child, they lead to
only one inference that in all human
probability the murders of the deceased were
committed by the appellant alone and none
else. From the evidence of PW-3 ASI Nagaraj, it
is clear that the appellant knowing fully well
that he had committed murder of his wife and
child gave false opinion to the police on the
basis of which UDR proceedings were initiated.
By examining the refrigerator repairer it was
sought to be suggested by the appellant that he
was not present in his house when the incident
had taken place. Thus, the defence of the
appellant was that a fire had taken place in his
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house and both the deceased had died because
of inhaling of carbon monoxide after which
their bodies were burnt because the house was
engulfed in fire. However, at another stage the
defence of the appellant was that his deceased
wife with his child had committed suicide
because her parents were pressurizing her to
leave matrimonial home for their selfish
purpose of having income of the deceased.
Whereas, the deceased was not inclined to
leave her matrimonial home, thus more than
one and totally inconsistent defences have
been taken by the appellant. All the defences
were false to the knowledge of the appellant.
Not a single defence was found to be probable
or plausible either by the trial court or by the
High Court. The appellant could not explain
satisfactorily the circumstances in which his
wife and child met violent deaths. Therefore,
offering of false explanation by the appellant
regarding death of his wife and child will have
to be regarded as an additional circumstance
against him strengthening the chain of
circumstances already firmly found".
52.As such, the appellant had not only taken false defence of
robbery or theft in the house knowingly but also false plea of alibi
which strengthened the chain of circumstances already firmly
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found. The defences raised are thus, improbable, unacceptable and
unfounded.
53.Next, before her death, deceased Sakina and the appellant
were staying together and there was no third person or element
entering or staying in the house. At least, there is nothing to infer
or suggest to that effect. Essentially, it was the death in the custody
of the appellant. The appellant had neither adduced any evidence
nor brought on record any material to substantiate his defence that
either he knew nothing as to how deceased Sakina died or there is
any whisper that due to the attempt of robbery by some unknown
persons, Sakina had sustained injuries and succumbed to it. The
appellant could have stepped into the witness box to substantiate
his plea of alibi. He could have examined his employer to indicate
his plea of alibi. Moreover, there is nothing brought on record to
indicate as to how deceased Sakina died though she was in his
custody till the night of 31st August, 2010. Those facts were
especially within his knowledge of which onus was upon him
which he failed to discharge. No doubt, section 106 of the
Evidence Act does not cast any burden upon the accused to prove
that no crime was committed by proving the facts specially within
his knowledge.
54.It is difficult to understand as to how the appellant could
firmly declare death of deceased Sakina to his mother-in-law
when neither he is a Doctor nor has some knowledge of human
physiology? This also probablizes the fact that she had already
been done to death in the earlier night itself. Thereafter, on 1st
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September, 2010, the appellant pretended to be going to the office
and returned at 3.00 pm with a plan to inform his mother-in-law
about the death of deceased Sakina as if he noticed her dead body
only after his return from the office.
55.There is one more angle to this case i.e when the appellant is
said to have returned home, it was not clear whether the door was
already open or was latched from outside. If it was latched from
outside, how the appellant locked his wife inside and went to the
office, if, according to him, she was alive when he left for the
office. Only inference, which an ordinary prudent man would draw
from the aforesaid circumstances is that the appellant must have
locked the door from outside, otherwise, had there been a
robbery, the door would have remained open. He made a futile
attempt, with his crooked mind, to camouflage and create a scene
of attempt of robbery in his house and consequent death of
deceased Sakina. The overall conduct of the appellant from each of
the circumstance discussed herein unerringly points out towards
his complicity and direct involvement in eliminating his wife.
56.The presumption of facts is an assumption resulting from
one's experience of the common course of natural events of human
conducts and human character. We can definitely make use of such
experience in the ordinary course of life as well as in the business
of the Court. The appellant had, knowingly and intentionally,
caused death of deceased Sakina. If all the circumstances herein
are juxtaposed, it is quite apparent that he had every reason and
motive to commit murder of his wife. Intention to cause death of
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Sakina was quite obvious. The case squarely falls within the first
clause of section 300 of the Indian Penal Code.
57.The law is no more res integra on the applicability of section
106 of the Indian Evidence Act. This section does not cast any
burden on an accused person to prove that no crime was
committed by proving facts especially within his knowledge; nor
does it warrant conclusion that if anything is unexplained which
the Court thinks the accused can explain, he ought, therefore, to
be found guilty. The initial burden is always upon the prosecution
and is not shifted onto the accused by reason of this section.
58.There is one more strong circumstance appearing against the
appellant. Arrest panchanama Exhibit 24indicates the appellant
was arrested on 2nd September, 2010 and immediately after his
arrest, panchanama was drawn. It reveals from the panchanama
that there were three bruises/scratches on the forehead of the
appellant. There were three fresh wounds on his right palm. The
appellant had not explained those fresh injuries on his person.
There is no whisper about the same. In a desperate attempt to save
herself from the brutal assault upon her by the appellant, deceased
Sakina might have, in self defence, resisted the act resulting into
scratches on the person of the appellant. It was quite apparent that
when she was being smothered or strangulated, she had reacted
in such a manner resulting into scratches on the forehead of the
appellant as well as injuries to his palm.
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59. As already stated in the preceding paras, P.W.4-Dr. Baban
Tadvi testified that probable cause of death was due to neck and
chest compression would necessarily mean that the appellant, by
mounting on the person of deceased Sakina throttled her resulting
into her death.
60.C.A report (Exhibit 18) pertains to the examination of
Exhibit (1) : viscera in a plastic bottle labelled ---
Stomach, intestine and its contents;
Exhibit (2) : viscera in a plastic bottle labelled---Pieces of
spleen, liver, kidney;
Exhibit (3) : Blood in a plastic bottle labelled --- Blood.
Exhibit Nos. (1) to (3) also labelled--- Sakina Jalal Mulla.
The result of analysis is that general and specific chemical testing
does not reveal any poison in exhibit Nos.. (1) (2) and (3).
61.This evidence rules out possibility of death due to poisoning
as attempted to be put forth by the defence in view of the froth
oozing from the mouth of deceased Sakina. The appellant had
tried to avert suspicion from himself by taking a fake plea of alibi
as well as by contending that there was an attempt of robbery. As
stated above, taking a false plea of alibi and not discharging onus
under section 106 of the Evidence Act itself gives rise to a strong
circumstance against him.
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62.It is apparent from the autopsy report especially; contusion
on the left elbow region admeasuring 3 c.m x 1 c.m on cut section
underneath hemorrhage, contusion on the left arm lateral mid
level admeasuring 4 c.m x 1 c.m as well as contusion at the right
side of face maxilla region admeasuring 2 c.m x 1 c.m that
deceased was assaulted violently before she was strangulated by
the appellant.
63.P.W.6-Dinkar Krishna Chandankar conducted investigation of
this case. He reached the scene of occurrence at about 7.30 p.m
after receiving wireless message that a woman was lying in an
unconscious state. After visiting the spot with the Police team, he
noticed that a woman was lying in an unconscious state. Because
message was received about unconscious state of woman, he also
testified that she was unconscious and he noticed that froth was
coming from her mouth. P.W.6 - Dinkar Chandankar is also not an
expert to comment whether deceased Sakina was unconscious or
dead. After noticing the froth, perhaps he must have felt that she
was unconscious. Be that as it may. As a matter of fact, deceased
Sakina had already died. His evidence further reveals that the
appellant was present in the house. The dead body of deceased
Sakina was sent to Rajawadi Hospital in Ghatkopar Mobile Van.
Thereafter, he testified about drawing spot panchanama and
sketch of the scene of occurrence which are at Exhibit 22, Exhibit
22Aand Exhibit 23.
64.This witness had, after recording the complaint vide C.R.
No.414 of 2010, registered an offence under section 304 of the
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I.P.C against the appellant. He had recorded statements of the
witnesses, collected postmortem notes, arrested the appellant in
the presence of panchas. He had identified the clothes of deceased
Sakina which were sealed during the course of investigation. His
evidence remained intact as defence has failed to shatter his
version during cross-examination. It is brought in the cross-
examination that he had handed over gold ornaments which were
on the person of deceased Sakina to P.W.1-Mohammad Iqbal. This
also falsifies the defence of the appellant that there was an attempt
of robbery in his house. Had there been robbery, the robbers would
not have left the gold ornaments on the person of deceased Sakina.
65.P.W.7-Mamta Lorence D'Souza- Police Inspector, was attached
to Ghatkopar Police Station at the relevant time. Further
investigation was conducted by her. She recorded statements of
some of the witnesses. After getting exact time of death from
Rajawadi Hospital and details of attendance of the appellant from
his office, she added section 302 of the I.P.C and moved an
application before the learned Additional Sessions Judge for
addition of charge under section 302 of the I.P.C.
66.To conclude, the prosecution has proved that it was the
appellant who was the author of the injuries and had committed
murder of deceased Sakina by strangulation. Chain of
circumstances has been established, from which, inference of guilt
against appellant could be drawn beyond all reasonable doubts.
There cannot be any other hypothesis than that of the guilt of the
appellant and the evidence on record is not only consistent with
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the guilt of the appellant but is definitely inconsistent with his
innocence. The learned trial Judge has appreciated the evidence
and the circumstances in its correct perspective and reached a
proper and legal conclusion.
67.Learned Counsel for the appellant has placed reliance upon
two judgments on the plea of alibi and time of death. Reliance is
placed on a judgment in the case of Dasari Siva Prasad Reddy Vs.
Public Prosecutor, HIgh Court of A.P, (2004) 11 Supreme Court
Cases 282 on the aspect of time of death. It has been observed by
the Hon'ble Supreme Court that the trial Court, after referring to
the medical evidence and Modi's jurisprudence and Toxicology
observed that death could have been occurred 48 hours prior to
the postmortem examination. Thus, the time was fixed at about 2.
p.m on 19.04.1996. It was the evidence of the Doctor that
occurrence of death between 38 to 40 hours could not be ruled out
as it was summer time. It is held that the High Court's view that
time of occurrence cannot be fixed with precision merely based on
the opinion expressed in the textbooks on medical jurisprudence
which only sets out certain broad indicators, was correct,
especially in view of the clarification given by the Doctor himself.
It is, thus, observed that it could be assumed that murder took
place on the night of 19th April or in the early hours of 20th April.
68. We are afraid this ratio is rather squarely applicable to the
present set of facts and in particular to the evidence of P.W.4 - Dr.
Baban Tadwi, who had categorically opined that the death could
have been occurred within 36 hours of the commencement of
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postmortem. So far as plea of alibi is concerned, it has been
observed that the accused had failed to establish that in the said
night, he remained in the house of his parents in another village,
does not necessarily lead to the inference that he must have been
remained at his house on the night in question.
69.The circumstantial evidence is complete, in the sense, there
is absolutely no scope to infer any other hypothesis than that of
the guilt of the appellant. The appellant had indeed attempted to
give a colour of robbery to the entire episode by taking a plea of
alibi, creating circumstances of robbery and informing mother-in-
law about death of deceased Sakina as if he came to know about it
only after his return from the office, but he failed in his plan to
conceal and shield himself behind the smokescreen. However,
evidence and circumstances discussed hereinabove, coupled with
the well corroborated medical evidence establishes beyond all
doubts that it was the appellant and none other who had
committed murder of deceased Sakina.
70.The next judgment pressed into service by Ms. Khot is in
case of Anwar Ali and another Vs. State of Himachal Pradesh
(2020) 10 Supreme Court Cases 166 on the point of motive. In
this judgment, it is held by the Hon'ble Supreme Court that
absence of proving the motive cannot be a ground to reject the
prosecution's case. It is also true, that if motive is proved that
would supply a link in the chain of circumstantial evidence, but
the absence thereof cannot be a ground to reject the prosecution
case. However, at the same time, absence of motive in a case
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depending on circumstantial evidence is a factor that weighs in
favour of the accused.
71.Here, is the case where not only the motive is crystal clear
but the chain of the circumstantial evidence is so intact that there
is hardly any scope to construe absence of motive to commit the
offence.
72.Ms. Deshmukh, the learned A.P.P has placed useful reliance
on a judgment in a case of Trimukh Maroti Kirkan Vs. State of
Maharashtra, 2006 AIR SCW 5300. It was a case of dowry death
based on circumstantial evidence. The evidence of the prosecution
witnesses fully established that wife was ill treated and often
beaten and sometimes not given food on account of non
fulfillment of demand of money. Accused/husband had given
information to others that she died due to snake bite. However,
medical evidence revealed that death was due to strangulation.
Her body was kept in sitting posture with her back taking support
of wall so that no one would suspect that she was strangulated.
There were injuries found on her body. The accused had not given
any explanation as to why the wife sustained those injuries.
Certain articles were recovered from the house of the accused
pointing out towards his involvement. Thus, it is observed that the
circumstances were pointing out towards the guilt of the accused
and, therefore, his conviction has been confirmed. Paragraphs 16,
17 and 18 of the judgment are extracted;
16.In a case based on circumstantial
evidence where no eye-witness account is
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available, there is another principle of law
which must be kept in mind. The principle is
that when an incriminating circumstance is
put to the accused and the said accused
either offers no explanation or offers an
explanation which is found to be untrue,
then the same becomes an additional link in
the chain of circumstances to make it
complete. This view has been taken in a
catena of decisions of this Court.
"17. Where an accused is alleged to have
committed the murder of his wife and the
prosecution succeeds in leading evidence to
show that shortly before the commission of
crime they were seen together or the offence
takes place in the dwelling home where the
husband also normally resided, it has been
consistently held that if the accused does
not offer any explanation how the wife
received injuries or offers an explanation
which is found to be false, it is a strong
circumstance which indicates that he is
responsible for commission of the crime. In
Nika Ram v. State of Himachal Pradesh, AIR
1972 SC 2077 it was observed that the fact
that the accused alone was withhis wife in
the house when she was murdered with
"khokhri" and the fact that the relations of
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the accused with her were strained would,
in the absence of any cogent explanation by
him, point to his guilt. In Ganeshlal v. State
of Maharashtra, (1992) 3 SCC 106 the
appellant was prosecuted for the murder of
his wife which took place inside his house. It
was observed that when the death had
occurred in his custody, the appellant is
under an obligation to give a plausible
explanation for the cause of her death in his
statement under section 313 CrPC. The
mere denial of the prosecution case coupled
with absence of any explanation was held to
be inconsistent with the innocence of the
accused, but consistent with the hypothesis
that the appellant is a prime accused in the
commission of murder of his wife. In State
of U.P v. Dr. Ravindra Prakash Mittal, AIR
1992 SC 2045 the medical evidence
disclosed that the wife died of strangulation
during late night hours or early morning
and her body was set on fire after sprinkling
kerosene. The defence of the husband was
that the wife had committed suicide by
burning herself and that he was not at home
at that time. The letters written by the wife
to her relatives showed that the husband ill-
treated her and their relations were strained
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and further the evidence showed that both
of them were in one room in the night. It
was held that the chain of circumstance was
complete and it was the husband who
committed the murder of his wife by
strangulation and accordingly this Court
reversed the judgment of the High Court
acquitting the accused and convicted him
under Section 302 IPC. In State of Tamil
Nadu v Rajendran, (1999) 8 SCC 679 the
wife was found dead in a hut which had
caught fire. The evidence showed that the
accused and his wife were seen together in
the hut at about 9.00 pm and the accused
came out in the morning through the roof
when the hut had caught fire. His
explanation was that it was a case of
accidental fire which resulted in the death
of his wife and a daughter. The medical
evidence showed that the wife died due to
asphyxia as a result of strangulation and not
on account of burn injuries. It was held that
there cannot be any hesitation to come to
the conclusion that it was the accused
(husband) who was the perpetrator of the
crime".
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18. In the earlier part of the judgment we
have given a resume of the evidence which
is available on record. The appellant was
plying a tempo in order to earn his
livelihood. It is fully established that the
deceased Revata was being ill-treated and
harassed on account of non-fulfilment of
demand of Rs.25,000/- which the appellant
wanted for purchasing a tempo. The
deceased Revata was often beaten and was
sometimes not given food. After Revata had
been murdered, information was sent to her
parents that she had died on account of
snake bite, which was reiterated when they
reached the house of the appellant in village
Kikki. In fact, everyone in the village had
been told that Revata had died on account
of snake bite and the Police Patil, believing
the said information to be true, had lodged
an Accidental death Report at the police
station. The medical evidence, however,
showed that she had died on account of
asphyxia due to strangulation. The body of
the deceased was purposely placed in a
sitting posture with her back taking support
of the wall so that no one may suspect that
she had actually been killed as a result of
strangulation and may believe the version of
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appeal-681-2012.doc
snake bite given by the appellant and his
parents. The appellant in his statement
under Section 313 Cr. P.C did not offer any
explanation as to how she received the
injuries which were found on her body.
Recovery of some articles of the deceased
was made at the pointing out of the
appellant. The circumstances enumerated
above unerringly point to the guilt of the
accused and they are inconsistent with his
innocence".
(emphasis supplied)
73.The principles discussed in the judgment (supra) are
squarely applicable to the present set of facts.
74.Thus, we are of the considered view that the prosecution has
proved the charge of murder against the appellant beyond all
reasonable doubts. There is absolutely no scope warranting
interference in the impugned judgment and order of conviction
and sentence rendered by the learned Additional Sessions Judge,
Greater Mumbai.
75.Consequently, the appeal stands dismissed.
[PRITHVIRAJ K. CHAVAN, J.] [SMT. SADHANA S. JADHAV, J.]
44 of 44
3 issues framed by the court
Did the circumstantial evidence establish beyond reasonable doubt that the appellant murdered his wife?
Could the false alibi and inconsistent robbery defence strengthen the established chain of circumstances?
What was the effect of the appellant's failure to explain facts especially within his knowledge under section 106 of the Evidence Act?
Colour shows how this judgement treated each authority
State of Uttar Pradesh Vs. Kishanpal and othersRelied on¶123
State of Uttar PradeshVs. Kishanpal and others, 2008 (16) Supreme Court Cases, 73
G. Parshwanath V. State of KarnatakaApplied¶145
G. Parshwanath V. State of Karnataka, AIR 2010 Supreme Court 2914 · Who else cites this
Dasari Siva Prasad Reddy Vs. Public Prosecutor, HIgh Court of A.PApplied¶200
Dasari Siva Prasad Reddy Vs. Public Prosecutor, HIgh Court of A.P, (2004) 11 Supreme Court Cases 282
Anwar Ali and another Vs. State of Himachal PradeshDistinguished¶206
Anwar Ali and another Vs. State of Himachal Pradesh (2020) 10 Supreme Court Cases 166
Trimukh Maroti Kirkan Vs. State of MaharashtraApplied¶211
Trimukh Maroti Kirkan Vs. State of Maharashtra, 2006 AIR SCW 5300 · Who else cites this
4 provisions across 3 enactments
Jalal Siddiqui Mulla
The State of Maharashtra
SADHANA S. JADHAV
PRITHVIRAJ K. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court