N Criminal Appeal No 154 of 1974
From the Judgment and order dated the 25th September 1973 of the Allahabad High Court in Criminal Appeal No 1 809 of 1969
RR Garg V J Francis and Nikhil Chandra for the appellants
Dalveer Bhandari
H M Singh and Ranbir Singh Yadav for the respondent
The following Judgment of the Court was delivered by BALAKRISHNA ERADI J It is an unfortunate and disturbing phenomenon that has recently arisen in many parts of our country that instances of bride killing are alarmingly on the increase
If society should be ridden of this growing evil it is imperative that whenever dastardly crimes of this nature are detected and the offence brought home to the accused the courts must deal with the offender most ruthlessly and impose deterrent punishment
The case before us is one of its kind
While in the vast majority of such cases the harassment and killing of the bride is traceable to the abominable and pernicious practice of demanding and extracting dowry and the failure on the part of the bride s parents to adequately satisfy the greedy demands of the husband s people the reason for the torture and murder of the innocent wife in the present case was that she was considered an inauspicious girl
That was for the reason that she did not bear children for four or five years after the marriage and even though thereafter she conceived twice and successively gave birth to two male babies both those babies did not survive beyond a few weeks or days
Having branded the young wife as inauspicious the selfish animal nature in the husband and his parents came out in the form of their determination that the husband should remarry after doing away with the obstacle in the shape of his existing wife
That led the husband and his mother to commit the dastardly murder Of the young wife in a most gruesome fashion 
603 Sileti Singh his wife Smt
Gyani Devi and his son Virbhan Singh were arraigned before the Sessions Judge Etawah charged with the murder of Smt
Gyani the wife of Virbhan Singh in furtherance of the common intention of all of them by intentionally causing death by beating the deceased and then hanging her with a rope
The deceased was married to Virbhan Singh about 9 years prior to the time of the occurrence
She did not give birth to any child for about five to six years after marriage
According to the prosecution case the husband of the deceased and his parents used to harass her and beat her on this account and they used to say that they would get the second marriage performed for Virbhan Singh
In or about the seventh year after the marriage the deceased gave birth to a male child but that child survived only for about 9 or 10 months
There after the ill treatment of the deceased at the hands of the husband and his parents is said to have commenced again
A few months prior to the occurrence the deceased gave birth to another male child but that baby too died within 6 or 7 days of its birth This precipitated matters and the deceased is said to have been branded as an inauspicious woman who could no longer be retained in the family
According to the prosecution she used to make complaints of severe harassment by the accused to her sister Shrimati Ram Kumari PW1 who too was married to a person in the same village Nangla Incha
On 14th August 1968 at about 500 pm Shrimati Ram Kumari had gone to the house of the deceased with an intent to meet her but she was told by the husband Virbhan Singh and his mother that the deceased had gone with the father in law to obtain some medicine
The next morning PW 1 heard a general rumour in the village that her sister had been killed
There upon she called her husband s younger brother Krishna Gopal PW4 and again went to the house of the accused along with him
She found Virbhan Singh and his mother Smt
Gyani Devi in the house and she asked them to show her the dead body of the deceased
At first they refused but on a hue and cry being raised by her they showed her the dead body lying in a roon in a swollen condition emitting a foul smell
On 15th August 1968 at about 930 am Sileti Singh lodged a report at the Police Station Jaswantnagar to the effect that the deceased had committed suicide by hanging herself with a rope
Sub Inspector Netrapal Singh PW 11 went to the place of occurrence and held an inquest on the dead body with the assistance t of panchas
Most strangely in spite of the body being in a fairly advanced state of decomposition thereby clearly indicating that the death had taken place a long time prior to the report given by Sileti 604 Singh which should have normally aroused serious suspicion in the mind of any reasonable person about the version of suicide given by him the Sub Inspector and the panchas were inclined to record the cause of death as suicide by hanging and close the case without any further investigation
However Ram Kumari PW1 and her brother in law Krishn a Gopal PW4 strongly protested and demanded that the body should be sent for post mortem and due to their persistence the request was acceded to
The post mortem examination was conducted by Dr Lakhotia on 15 8 1968 at 530 p m
In the opinion of the doctor the death had taken place between one and a half to two days prior to the time of his examination ie between 530 pm
On 13 8 1968 and 530 am
On 14 8 1968
The post mortem report disclosed that there were the following ante mortem injuries on the person of the deceased
Ligature mark 8 x 12 on the neck in the upper part between larynx and chin in front and on sides just below the chin
On dissection the margins were found congested
It was directed upwards obliquely following the lower jaw and was almost behind
Its base was pale hard and leathery
Abrasion 1 12 x12 on the neck lower part left side
Contusion covering whole of the upper eye lid of left eye
Conjunctive was congested
Contusion covering the whole of upper eye lid of right eye
Conjunctive was congested
Contusion 4 x 4 on the chest left side upper part below the clavicle
Under the ligature mark greater curve of hyoid bone was broken on the right side
There was congestion around the big vessels of the neck
The lower ribs of the deceased from 8th to 10th on the left side were found broken
The abdomen was distended and discoloration was present in the flanks
Peritoneum was deeply congested
The abdominal cavity was full of blood weighing about 1 12 Ibs
There 605 was a big tear 6 long in the stomach
The abdominal walls were congested
There was a lacerated wound 3x 12 on the front of left lobe of the liver
Both kidneys were congested and decomposing
Both sides of her heart were empty
Larynx was congested deeply
Both lungs were deeply congested and deeply decomposing
The large vessels were congested in the neck on both sides
In the opinion of the doctor the death was due to shock and haemorrhage as a result of injury to liver and stomach as well as asphyxia due to hanging
The doctor on being examined as a witness stated categorically that in view of the injuries mentioned in post mortem report there was little possibility of the deceased hanging herself
The sessions Judge found on a careful and analytical consideration of the evidence that the death of the deceased was caused as a result of the injuries inflicted on her by the accused followed by asphyxiation resulting from the deceased having been hung by her neck by the accused
He found all the accused guility of the offence of murder convicted them us 302 IPC and sentenced the three of P them to undergo imprisonment for life
In the appeal filed by the three accused the High Court confirmed the finding that the case was not one of suicide but one of calculated murder the hanging by rope being part of the process of the deceased being put to death by her assailants
The High Court however took the view that the presence of Sileti Singh at the time of the commission of offence was not established beyond doubt and hence it acquitted him giving him the benefit of doubt
The conviction of Virbhan Singh and his mother Smt
Gyani Devi uls 302 IPC was confirmed by the High Court
This appeal has been preferred by the afore mentioned two accused
We find no merit at all in the appeal
Since we are in complete agreement with the findings entered by the Sessions Judge and the High Court regarding the cause of the death of the deceased and the manner in which she was done to death it is unnecessary for us to burden this judgment with a repetition of the details of the evidence
The case no doubt turns purely on circumstantial evidence
But the circumstances are so telling that the only conclusion reasonably possible is the one arrived at by the courts below that the deceased did not commit suicide by hanging herself but was done to death by being brutually assaulted and thereafter hung by the neck with 606 a rope
The medical evidence clearly goes to prove that it would not have been possible for the deceased who had sustained severe injuries of the type and nature described in the post mortem report in the stomach and liver to hang herself
The husband Virbhan Singh and his mother Smt
Gyani Devi were throughout present in the house and no outsider had come to the house at the relevant time
According to the opinion of the doctors the latest point of time at which the death of the deceased could have taken place was 530 am on 14 8 1968 but even on the evening of that day when PW 1 Shrimati Ram Kumari sister of the deceased went to their house and enquired for the deceased she was told by Virbhan Singh and his mother that the deceased had gone out with the father in law for getting some medicine
On the next day 15th August 1968 rumours spread in the village that the deceased had been done to death and it was only when PWl accompanied by her brother in law PW 4 went to the house of the accused and insisted on being shown the body that she was finally allowed to see the dead body of her sister which by then was already in a state of decomposition
Significantly it is only subsequent thereto that Sileti Singh went to the Police Station and lodged the report stating that the deceased had commit ted suicide by hanging
The conduct of the appellants is consistent only with their active involvement in the commission of the crime
It has come out in the evidence that on the evening of the 14th August 1968 at about 730 or 800 pm Sileti Singh had made attempts to remove clandestinely the dead body from the locality for which purpose he had met Brahma Nand PW3 a truck owner and unsuccessfully tried to hire his truek to transport the dead body On a scrutiny of the evidence we age fully satisfied that the conclusion recorded by the learned Sessions Judge and by the High Court that the appellants are guilty of the murder of the deceased in a most brutal and heinous fashion is perfectly correct and sound
We may observe that the reasons stated by the High Court in acquitting Sileti Singh by giving him the benefit of doubt have not appealed to us as sound and convincing but since the State has not preferred an appeal his acquittal will stand
In the result the conviction and sentence are confirmed in respect of Virbhan Singh and Smt
Gyani Devi and this appeal is dismissed
The appellants will forthwith surrender to their bail bonds and will be taken into the custody to serve out their sentence
SR Appeal dismissed


Summary:
For the offence of murder of Smt
Gyani her husband Virbhan Singh his mother Smt
Gyani Devi both appellants before the Supreme Court alongwith his father Sileti Singh were arraigned before life Sessions Judge Etawah section 302 read with Section 34 Indian Penal Code
According to the prosecution the motive was the selfish animal nature in the husband and his parents which has come out in the form of their determination that the husband should remarry after doing away with the obstacle in the shape of his existing wife on the sole ground that she was inauspicious due to the fact that she did not bear children for four or five years after the marriage and that even though thereafter she conceived twice and successfully gave birth to two male babies both those babies did not survive beyond a few weeks or days
The further evidence of the prosecution were that the accused assaulted the deceased and then hung her with a rope to give the impression of suicide did not inform anyone and kept the body in the room that an attempt made by Sileti Singh to remove the body in a lorry failed that when PW1 the sister of the deceased went along with PW4 her brother in law to see the deceased on the 14th of August 1968 the husband and the mother told a lie that the deceased had gone out to get medicine that again on the 15th August 1968 after PWl s repeated insistence the dead body was shown to her in a decomposed condition that Sileti Singh only thereafter lodged a report at the police station Jawaharnagar to the effect that the deceased committed suicide which version was accepted by the Police and the Panchas that on the insistance of PW1 the dead body was sent for postmortem that the postmortem revealed a five antemortem injuries including the breakage of the right side hyoid bone under the ligature mark b death should have taken place between 530 PM
On August 13th 1968 and 530 AM on August 14th 1968 c death was due to shock and haemorrhage as a result of injury to liver aud stomach as well as asphyxia due to hanging and d inview of the antemortem injuries found there was little possibility of the deceased hanging herself
The Sessions Judge found on a careful and analytical consideration of the evidence all the accused guilty convicted them under Section 302 IPC and sentenced the three of them to life imprisonment
In the appeal filed the 601 High Court confirmed the conviction and sentence of the present appellants and acquitted Sileti Singh the father
There was no appeal by the State against the acquittal
Dismissing the appeal the Court  HELD 1 1
The conviction and senctence of the appellants are perfectly correct and sound as they are guilt of the murder of the deceased in a brutal and heinous fashion
The case no doubt turns purely on circumstantial evidence
But the circumstances are so telling that the only conclusion reasonably possible is the one arrived at by the courts below that the deceased did not commit suicide by hanging hereself but was done to death by being brutally assaulted and thereafter hung by the neck with a rope
The medical evidence clearly goes to prove that it would not have been possible for the deceased who had sustained severe injuries of the type and nature described in the post mortem report in the stomach and liver to hang herself
The husband Virbhan Singh and his mother Smt
Gyani Devi were throughout present in the house and no outsider had come to the house at the relevant time
According to the opinion of the doctor the latest point of time at which the death of the deceased could have taken place was 530 am
On 1481968 but even on the evening of that day when PW1 Shrimati Ram Kumari sister of the deceased went to their house and enquired for the deceased she was told by Virbhan Singh and his mother that the deceased had gone out with the father in law for getting some medicine
On the next day 15th August 1968 rumours spread in the village that the deceased had been done to death and it was only when PW l accompanied by her brother in law PW 4 went to the house of the accused and insisted on being shown the body that she was finally allowed to see the dead body of her sister which by then was already in a state of decomposition
Significantly it is only subsequent thereto that Sileti Singh went to the police Station and lodged the report stating that the deceased had committed suicide by hanging
The conduct of the appellants is consistent only with their active involvement in the commission of the crime
It has come out in the evidence that on the evening of the 14th August 1968 at about 730 or 800 pm Sileti Singh had made attempts to remove clandestinely the dead body from the locality for which purpose he had met Brahma Nand PW 3 a truck owner and unsuccessfully tried to hire his truck to transport the dead body
605 G H 606 A E Observations i If society should be ridden of this growing evil it is imperative that whenever dastardly crimes of this nature are detected and the offence brought home to the accused the courts must deal with the offender most ruthlessly and impose deterrent punishment
602 E ii Most strangely in spite of the body being in a fairly advanced state of decomposition thereby clearly indicating that the death had taken place a long time prior to the report given by Sileti Singh which should have normally aroused serious suspicion in the mind of any reasonable person about the 602 version of suicide given by him the Sub Inspector and the panchas were inclined to record the cause of death as suicide by hanging and close the case without any further investigation
603 H 604 A iii Though the reasons stated by the High Court in acquitting Sileti Singh by giving the benefit of doubt are not sound and convincing since the State has not preferred an appeal his acquittal will stand
606 F G