Criminal Appeal No 17 of 1975
Appeal by Special Leave from the Judgment and Order dated 7 6 1974 of the Himachal Pradesh High Court in Criminal Appeal No 4073
Hardyal Hardy and PP Juneja for the Appellants
Badri Das Sharma and Miss A Subhashini for the Respondent
The Judgment of the Court was delivered by SARKARIA J
This appeal by special leave is directed against a judgment dated June
7 1974 of the High Court of Himachal Pradesh whereby it upheld the conviction of Rama Nand accused under Section 302 Penal Code and that of the co accused Shish Ram and Kali Datt under Section 201 Penal Code and also the sentences awarded to each of them by the learned Sessions Judge 446 Mandi
The prosecution story as it emerged from the record was as follows Sumitra deceased aged 19 years was the daughter of Som Krishan PW 33
Rama Nand appellant is her husband and Shish Ram appellant 2 is her father in law while Kali Datt appellant 3 is the younger brother of Rama Nand
Sumitra s father wished to see his daughter highly educated and employed in Government service and married to a suitable highly educated person settled in life
Sumitra had passed Higher Secondary Examination and wanted to pursue her studies further according to the wishes of her father
About two years before Sumitra s reported death Shish Ram appellant approached Som Krishan PW 33 and persuaded him to give Sumitra in marriage to his son Rama Nand
While negotiating this matrimonial alliance Shish Rama told Som Krishan that his son was suitably employed on a Government job in the Office of the Deputy Commissioner Kasumpti
He further falsely represented to Som Krishan that his son Rama Nand was a graduate
Believing this representation to be true Som Krishan about 1 12 or 2 years before Sumitra s murder in question married her to Rama Nand Before this marriage it was settled by Som Krishan with Shish Ram and Rama Nand accused that even after her marriage Sumitra would continue to pursue further studies and take up employment as a teacher
After the marriage her father got his daughter Sumitra employed as a teacher in Village Nursery School at Chanyana which was situated near her parents  village
While teaching at Chnayana she continued to reside with her parents
She used to visit village Jherwin occasionally to be in the society of her husband who also used to come to Jherwin from Kasumpti
The accused persistently demanded that Sumitra should give up her employment at Chanyana and start residing permanently and continuously in her matrimonial home at Jherwin
Sumitra tenaciously refused to do so
Rama Nand wrote several letters to Sumitra urging her to give up her adamant attitude
These letters furnished evidence of a strong motive for Rama Nand to put an end to the life of Sumitra
Rama Nand was employed as a Clerk in the Office of the Deputy Commissioner Kasumpti
On May 12 1972 he came to Jherwin from Kasumpti
He had earlier written to his wife Sumitra strongly urging her to come to village Jherwin
On May 13 1972 Sumitra came to Rama Nand s house at Jherwin and stayed with him in his room on the night between 13th and 14th May 1972
The other 447 rooms of the house were in occupation of the other members of Shish Ram s family
Thereafter on May 14 1972 she disappeared from the house of the accused
The accused gave out that Sumitra had gone towards the Sutlej river on the pretext of attending to the call of nature that thereafter her Salwar and shoes were found on the bank of the river which indicated that she had jumped into the river and committed suicide
After pretending to make a search for her body in the river and nearabout Shish Ram on May 16 1972 went to Police Station Karsog at 530 pm and lodged a report exhibit PAQ
It was recorded by Head Constable Nand Lal
After recording it in the Roznamacha the Head Constable read it in the presence of one Inder Pal to the informant who after hearing the same to be correct signed it in Hindi and his companion Inder Lal signed it in English
As this report according to the prosecution shows that an attempt was made by Shish Ram accused to lay a false trail and manufacture false clues as to the cause of the death of Sumitra and to screen the offence it is necessary to reproduce the material parts of that report rendered into English hereunder  my daughter in law Smt
Sumitra Devi aged about 1819 years was married about 1 12 years ago to my son Rama Nand who is employed in the office of DC Kasumpti as a clerk
Sumitra Devi herself was employed as a Mistress in Nursery School Chanyana and was residing with her parents
Whenever my son used to come home on leave she also used to visit her house at such time
Similarly my son Rama Nand had come on leave to his house on 12 5 72 and in the evening of 13 5 72 my daughter in law Smt
Sumitra Devi had also come to his house
As usual because of Sunday holiday in the morning on 14 5 72 myself my daughter in law and other members of the family were planting chilly seedlings in the fields near our house
My son Rama Nand was lying in bed on account of stomach trouble
After plantation work at about 910 am my daughter in law Smt
Sumitra Devi along with Sheela Devi aged about 7 years who is daughter of my brother had gone downward on the pretext of easing herself
After some time Sheela returned home and reported that she had been turned back from the way by her aunt
Sumitra Devi who had gone ahead towards the river side
For some time it was believed that she might have gone to answer the call of nature
The river is about 2 furlongs from my house towards downside
When sufficient time passed and she did 448 not return home then calls were given hither and thither and search was also started but her whereabouts could not be known
After a thorough search on the Sutlej river bank the Salwar and shoes of Smt
Sumitra were found which Smt
Sumitra was wearing at the time of her going that side
This created a suspicion that she might have committed suicide by jumping into the river
She was searched at the river bank as also in the nearby villages but her dead body was not found nor any clue of her going is available
Sumitra was married in a good family and her character was also good her relations with her husband were cordial
No quarrel on that day or prior to that took place between her and my son nor is there any reason for her disappearance
I have come to report which may be recorded
After locating her alive or dead separate report will be lodged
 Daulat Ram Station House Officer PW 38 then visited the scene of occurrence on May 13 1972
He was not satisfied about the correctness of the information given by Shish Ram accused
He therefore got a case under Section 364 Penal Code registered
Shis Ram accused produced before him the Salwar exhibit P 14 and shoes exhibit P 1512 which according to Shish Ram s report belonged to Sumitra deceased and were found lying on the river bank
The investigator also prepared a rough sketch of the spot where these clothes and shoes were stated to have been found
Som Krishan upon receiving the information suspected that her daughter had been murdered at the instance of Rama Nand and others
Som Krishan reached the spot and made enquiries
Rama Nand and Shish Ram accused were arrested by the Investigating Officer on June 5 1972
The Investigating Officer took into possession the Locket chain exhibit P 1 and the watch exhibit P 2 belonging to the deceased from the room which was in the occupation of Rama Nand in the deceased from the room which was in the occupation of Rama Nand in the presence of Kanshi Ram and Hira Mani and prepared the Memo exhibit P A in this behalf
Rama Nand accused whilst in police custody produced Sumitra s clothes exhibit P 5 to exhibit P 10 which were taken into possession by the Investigator in the presence of Mastu and Hari Ram witnesses vide exhibit P Y
These clothes according to the prosecution were the same which Sumitra was wearing when she arrived at the house of Rama Nand accused on May 13 1972
449 On June 5 1972 a legless and armless dead body in a highly decomposed state was found at a distance of four kilometers down stream on the bank of the river Sutlej near village Randaul
Kali Datt appellant was found near that skeleton in the early hours or June 51972
He dragged the skeleton from the river upto some distance
It appeared that dogs etc
had eaten away the flesh
A part of the skull was found in tact while the remaining part of it was lying at some distance
On receiving information Som Krishan PW33 and his brother s wife Laxmi PW 2 came and identified the skeleton to be that of Sumitra
There was some flesh on the buttock portion and there was a mark on it
According to these identifying witnesses this mark was that of a burn which Sumitra had received during her infancy
One of the teeth found in the inaudible was carious while another tooth was jutting out
Daulat Ram got the dead body measured from shoulder to the cut portion of the thies by Mehar Chand
The measurement came to 2  4
Daulat Ram prepared the inquest report exhibit PF which was attested by Kundan witness
He sent the dead body along with the inquest report exhibit PF to Simla for post mortem examination
The dead body reached the Hospital at 1 pm on June 7 1972
There they directed the police to take the dead body to Ripon Hospital
The post mortem examination
was conducted by Dr J R Sharma PW 14 on the following day
The post mortem report was handed over to the police by the Doctor on June 21 1972
A few components of the skeleton including the mandible were sent to the Dental Surgeon Dr R section Pathania PW 15 and Radiologist Dr M L Ahuja PW 16 for examination and opinion
These Doctors however opined that the mandible belonged to a child of not more than 10 years of age
The components of the skeleton were also sent to Dr O P Bhargave PW 31 Professor of Anatomy in the Medical College of simila
His opinion about the age of the deceased was also the same
The Doctor could not determine the sex of the skeleton
On August 24 1972 a Paranda cotton headtail alleged to be of Sumitra deceased was recovered from the jungle of Ghangar
Some human hair were found entangled in the Paranda
These hair were sent for comparison with the hair of the deceased found embedded in her Dupatta
The forensic expert opined that the two sets of hair belonged to one and the same person
After investigation the four accused namely Rama Nand his father Shish Ram his brother Kali Datt and Shish Ram s brother Kesar Chand were sent up before a Magistrate who committed them 450 for trial to the Court of Session
At the trial in his examination under Section 342 Rama Nand admitted that after her marriage Sumitra got employment as a teacher
He however denied the prosecution allegation that he and his father were opposed to her employment as a teacher
He expressed ignorance as to whether there was any settlement between his father Shish Ram and Som Krishan Shastri father of Sumitra that she would continue her studies even after the marriage and would be free to take up service as her career
He added that his matrimonial alliance with Sumitra was not negotiated and settled in his presence
He admitted that the letters dated December 13 1971 December 16 1971 and May 9 1972 the English rendering of which is marked exhibit PAH exhibit PAB and exhibit PC respectively were written by him to Sumitra and that the letter exhibit PAJ dated October 14 1971 was written by him to his father in law
Som Krishan Shastri PW 33
He further admitted that on May 13 1972 Sumitra came to his house in village Jherwin from her parents  place and that she was then wearing the golden chain exhibit P 1 wrist watch exhibit P 2 Dupatta exhibit P 5 suit exhibit P 6 and exhibit P 7 socks Ex
P 8 and 9 banian Ex
P 10 and was carrying the basket exhibit P 11 and umbrella exhibit P 12
He however added that when she Sumitra reached home on May 13 1972 with the articles mentioned above she was wearing pink ribbon on her head and not any threadbunch like exhibit
Question No9 put to him was It is in prosecution evidence that on May 14 1972 Sumitra was not seen at your house or in the village at Jherwin at all or thereafter
What have you to say He replied On 14 5 72 morning at about say upto 11 am she was working in the field at Jherwin and thereafter she was not seen there and later on I was arrested and so I cannot say about her whereabouts He admitted that his father Shish Ram had lodged the report exhibit PAQ in the Police Station Karsog
When the circumstance appearing in the prosecution evidence that after the occurrence on May 16 1972 he Rama Nand went away to Simla from Jherwin and returned home three or four days thereafter was put to Ramanand he replied It is wrong
I went to Simla on 17 5 72 evening and returned on 19th morning
He denied that he and his father implored Som Krishan Shastri that he should save them from the police at Jherwin
When the negative circumstance appearing in evidence to the effect that the Salwar exhibit P 14 was not of Sumitra was put to him he asserted that the Salwar exhibit P 14 was that of Sumitra and that his father had shown the Salwar exhibit P 14 indicating that his daughter in law Sumitra had gone in the river when the Ramanand was weeping
In reply to the last question Rama Nand narrated more or less the same story which was given by them accused to 451 the police in the Report PAQ
Among other things he stated It was found on the river side that her Salwar exhibit P 14 and shoes exhibit P 15 were lying by the river bank giving indication that she had jumped into the river
Then we were in mourning and the villagers also verified that Sumitra was seen going to the river
Shish Ram accused admitted that Sumitra had come to their house at Jherwin on May 13 1972 and had disappeared on May 14 1972
He admitted having lodged the report exhibit PAQ in the Police Station Karsog
He admitted that he had produced the Salwar Ex
P 14 and shoes exhibit P 15 before the police during investigation
He also maintained that the Salwar exhibit P 14 belonged to Sumitra
He denied that he and his co accused were threatening to teach Sumitra and her father the lesson of life for keeping Sumitra employed against their wishes at Chanayana
He repeated the substance of the story which he had earlier stated in the report exhibit PAQ and reiterated that since Sumitra s Salwar and shoes were found on the river bank she had either jumped into the river or run away somewhere
The learned Additional Sessions Judge by his judgment dated December 1 1973 convicted Rama Nand under Section 302 Penal Code and sentenced him to rigorous imprisonment for life
He further convicted Kali Datt and Shish Ram accused under Section 201 Penal Code and sentenced each of them to one year s rigorous imprisonment and a fine of Rs 500 
Keshar Chand accused was given the benefit of doubt and acquitted
The appeal by the convicted persons was dismissed by the High Court as per its judgment dated June 7 1974
Hence this appeal by special leave
The conviction of the appellants is based entirely on circumstantial evidence
In convicting Rama Nand appellant under Section 302 Penal Code for the murder of his wife Sumitra the courts below have concurrently relied upon these circumstances which according to them had been established by the prosecution
1 Rama Nand accused had a strong motive to murder his wife Sumitra
2 Sumitra was last seen alive with Rama Nand appellant in the family house at Jherwin on the night between 13th and 14th May 1972
The other two co accused were also present in the same house 3 a Rama Nand and the other co accused falsely gave out that she had committed suicide by jumping into the river
They planted  a Salwar and a pair of shoes on the bank of the Sutlej and gave out that they belonged to the deceased and Shish Ram lodged 452 a false report with the police to the effect that she had committed suicide by jumping into the river
The Salwar and the shoes which had been planted  there to manufacture false clues by the accused did not belong to Sumitra and the accused have falsely asserted that these articles belong to the deceased
b The story given out by the accused persons that upto 11 am on May 14 1972 Sumitra was planting chillies along with Sheela and other members of the family of the accused was false
4 The gold chain exhibit P 1 and the watch exhibit P 2 which Sumitra used to wear on her person all the 24 hours and the clothes exhibit P 5 to P 10 which she had on the person and the basket exhibit P 11 and umbrella exhibit P 12 which she was carrying when on the evening of May 13 1972 she came to the house of the accused at Jherwin were recovered from the house of the accused
5 Some days after the occurrence one Paranda was found from the jungle near this village
There was a bunch of hair in the plaited tail of this Paranda
The tail appeared to have been cut
These hair sticking in the Paranda and those found entangled in the Dupatta of the deceased were according to the Forensic Expert of one and the same person
6 A legless decomposed corpse was recovered from the Sutlej near village Randol in a mutilated condition
From a burnt mark on the flesh sticking to the buttock of the corpse it was identified as that of Sumitra deceased
The High Court further held that even if any doubt remained with regard to the identity or recovery of the corpus delicti the telling circumstances otherwise complete the chain of evidence to establish beyond doubt that Sumitra had been murdered and the charges had been established against the accused as held by the trial court
In the result it dismissed the appeal of the accused respondents
Shri Hardayal Hardy learned counsel appearing for the appellants contents that these circumstances have not been satisfactorily established
He has placed great emphasis on the evidence of the medical experts according to which the mutilated corpse found at Randol was that of a child aged about 8 or 9 years
It is submitted that the dead body found was not that of Sumitra deceased and as a result the courts below were not justified in holding that the death of Sumitra had been established by the prosecution
On the other hand the learned counsel for the State has argued in support of the judgment of the High Court
453 It is well settled that where the inference of guilt of an accused person is to be drawn from circumstantial evidence only those circumstances must in the first place be cogently established
Further those circumstances should be of a definite tendency pointing towards the guilt of the accused and in their totality must unerringly lead to the conclusion that within all human probability the offence was committed by the accused and none else
The first circumstance which has been found to be established by the courts below against the appellant is that he had a very strong motive to commit the murder of Sumitra
To substantiate this fact the prosecution produced four letters written by Rama Nand appellant
There are exhibit PAJ exhibit PAH exhibit PAB1 and exhibit PC
The accused also tendered in evidence the letter exhibit DA dated November 14 1971 written by Som Krishan to Sumitra
As already mentioned Rama Nand accused has admitted that the letters exhibit PAJ PAH PAB1 and PC were written by him
exhibit PAJ purports to have been written by him from village Jherwin on October 14 1971
In this letter Rama Nand very clearly informed his father in law that his father Shish Ram was not in favour of Sumitra taking up service and residing away from the accused s house at Jherwin
In this letter Rama Nand urged his father in law that the latter should either come to Jherwin along with Sumitra or send her alone
This letter also indicates that Sumitra was persisting in taking up service elsewhere against the wishes of the accused persons
Chronologically the next letter is exhibit DA dated November 14 1971
It is addressed by Som Krishan to his daughter Sumitra
In this letter the father informs the daughter that he had obtained her appointment letter and she would be required to join by the 17th to start the Nursing School at Balwari
He wanted her to come to his house to take up the appointment
In this letter he also wishes her daughter to convey to Rama Nand appellant and his brother Kesar Chand acquitted accused that they should agree to Sumitra s taking up this employment and that they should further bring round Shish Ram by reminding him that they had earlier consented to her taking up Service
This letter further indicates that Sumitra was much distressed because of the hostile attitude adopted by her in laws towards her
To console her the father wrote Don t worry
Whatever God does is good
Have self confidence and do not repent on any failure
The third letter dated December 13 1971 exhibit PAH written by Rama Nand to Sumitra shows that the opposition of the appellant 454 his father Shish Ram and brothers to Sumitra s taking up service away from the matrimonial home had passed from the serious to the sardonic stage
It starts with the words Wish you happy luxury  Read in accord with the tenor of the letter it conveys a biting ironical taunt
These words were capable of being construed as conveying an innuendo that she was merry making de hors the matrimonial home in an extra marital way
May be the appellant was doubting her fidelity
He informs her that he had visited Jherwin in the hope that he would join her there but this hope did not materialise
He complains against this attitude of neglect on the part of his wife when he says Today you have not seen to my condition and have defamed me
To whom should I blame  It is the wind and to which side it blows it must do something
I was thinking to save you from this wind
 He further reproaches and upbraids her You did not think over it seriously and you did not care for it nor others
You have taken it as a prestige issue
I cannot do anything so long I am not heartily happy and I weep to my fate
 He then warns her in a contemptuous and peremptory tone It would be better that you should resign your job now and come down here 
If you intend to reside with me then you should agree to my words otherwise it will be a dog s life
You should either come to this place or to village Jherwin after resigning the job and from there you may come to Simla on any day
As you know a friend in need is a friend in deed
When this is lost one cannot take the shelter of others
 He reminds her that her marriage had been solemnised with him To do service entirely depends upon you and me and not upon your father
It is time to resign the Service  He repeats It is against the respect of my family yourself and myself that I should allow you to serve at a monthly pay of Rs 120 and only for a tenure of six months and myself to stay at Simla in the Hotel He then in stronger language demanded her to resign her job within 24 hours and come to his house direct without waiting for her resignation to be accepted
He closes the letter with an ominous threat veiled as a warning If you do not resign the job our relations will become strained In the next letter exhibit PC dated December 16 1971 Rama Nand wrote to Sumitra that he did not understand why she did not improve his  life  and why she was acting at the beck and call of others
He urged her that it would be better to live for a more 
He added You obey me or not you yourself will understand the significance of this when you give place to it in your mind
He sternly repeated the warning I once again request you to keep in mind your as also my honour what you have to do as the time has come
There is no example in the history of world that a girl after marriage 455 should act on the advice of her father which may be harmful He again urged her Do not think this letter as a mere piece of paper but each and every line in it will decide our future career you should resign your post
 He again administered a warning coupled with a threat of resorting to violence in case she did not resign her job to live with the accused permanently The present is the condition of China s wall as Lt General Mr Kaul was saying that on China Border there is no firing no firing no firing
But what was the result in the end you know better 
If you honour me your husband then you should tender your resignation from the job forthwith
He further sternly warned her If you still do not come round what would happen in future will entirely be your responsibility and I may not be blamed for that
He ended the letter with a hostile note repeating the threat I may write what will happen in future
Entire responsibility of future solely depends upon you
It is the question of life and not of service 
This is time of your test
Reply this letter
 The sentence It is the question of life and not of service  read in the context clearly conveys to the wife a threat that the choice open to her was between life  and service  that is to say she would not be left alive if she did not give up the service 
This letter unmistakably reveals that Rama Nand had worked his feelings at his wife s persistent refusal to give up service and live with him into such a frenzied resolve that if his wife did not as he desired mend  her ways he would end  her life
Even after this letter there appears to have been no alleviation or change in this revengeful attitude of the husband towards his wife
This is discernible from Rama Nand s last letter dated May 9 1972 exhibit PAB addressed to Sumitra
In this letter also he cannot conceal his feeling of being sick of you
He writes  the difference in views can make life troubleful or as well can lead towards downfall as I already told you that to deceive any true person can only be a sin and nothing else
He appears to be giving her a last warning a last chance to come round and come home when he writes that time is short I will again request you that if you try to come home on Saturday it will be good 
I do not feel good you definitely try to come if you cannot come on Saturday then come on Sunday otherwise  These letters vividly reveal that despite the repeated persuasions warnings and threats proceeding from Rama Nand accused Sumitra intransigently and persistently refused to give up her service at Chanyana and residence with her parents and declined to come and live permanently in the matrimonial home at Jherwin and as a result how the husband s feelings of tenderness towards his wife progressively 456 changing into regret persecution complex resentment exasperation and smouldering hostility ultimately hardened into a revengeful resolve in the mind of Rama Nand to end what he calls a dog s life by putting an end to the life of his spouse
We agree with the High Court that these letters reveal that Rama Nand appellant had a strong motive to murder the deceased
The second circumstance was also well established
It had been admitted even by the appellant and his co accused
The courts below have found and rightly so that both the limbs of circumstance No 3 had also been established by evidence produced by the prosecution
Som Krishan PW 33 father of Sumitra had testified that when he went to Jherwin on receiving a message from the accused about the disappearance of his daughter he was shown the Salwar exhibit P 14 and shoes exhibit P 151 2 and told that these clothes were left behind on the bank of the Sutlej river when she disappeared
PW 33 further stated that this shabby Salwar exhibit P 14 which had patches on it did not belong to Sumitra and she never wore such a Salwar nor did the pair of shoes exhibit P 15 belong to her
PW 33 further testified Then Rama Nand Shish Ram and Kesar Chand accused implored me that they may be saved from police remand
To this I said that I was not conversant with law but you may tell the truth
This testimony of PW 33 has been accepted by the courts below
We have no reason to take a different view
As rightly held by the courts below Sumitra was a sophisticated and educated girl
It was difficult to believe that she would do chilly plantation and wear such a patched and dirty Salwar as exhibit P 14
The very story given out by the accused persons and narrated by Shish Ram in the report exhibit PAQ made by him to the Police and repeated by him and Rama Nand in their examination under Section 342 Cr
PC to effect that Sumitra had after undressing and leaving behind her shoes exhibit P 15 and Salwar exhibit P 14 on the bank of the Sutlej committed suicide by jumping into the river was improbable incredible and false
Thus circumstance 3a and b had also been clearly and cogently established
This piece of evidence was relevant under Section 8 Evidence Act and was a definite pointer towards the guilt of the accused
Circumstance 4 appearing in the prosecution evidence was admitted by the accused persons
Circumstance 5 also stood established
Though a feeble pointer towards the guilt of the accused by itself it was not of a conclusive character
Circumstance 6 has been seriously controverted
The burden of the arguments of the learned counsel for the appellants is that the prosecution had miserably failed to establish that the legless decomposed 457 body found in the river was that of Smt
Sumitra and in such a situation the possibility of her being alive cannot be reasonably ruled out
Although the High Court has held that the body recovered was that of Sumitra deceased and that the bones sent to the medical experts were not parts of the decomposed body found but appeared to have been fraudulently replaced with the bones of a child during transmission to the medical experts we would assume that the identity of the body found in the river was not established beyond reasonable doubt
In other words we would take it that the corpus delicti ie the dead body of the victim was not found in this case
But even on that assumption the question remains whether the other circumstances established on record were sufficient to lead to the conclusion that within all human probability she had been murdered by Rama Nand appellant  It is true that one of the essential ingredients of the offence of culpable homicide required to be proved by the prosecution is that the accused caused the death of the person alleged to have been killed
This means that before seeking to prove that the accused is the perpetrator of the murder it must be established that homicidal death has been caused
Ordinarily the recovery of the dead body of the victim or a vital part of it bearing marks of violence is sufficient proof of homicidal death of the victim
There was a time when under the old English Law the finding of the body of the deceased was held to be essential before a person was convicted of committing his culpable homicide
I would never convict said Sir Mathew Hale a person of murder or manslaughter unless the fact were proved to be done or at least the body was found dead
This was merely a rule of caution and not of law
But in those times when execution was the only punishment for murder the need for adhering to this cautionary rule was greater
Discovery of the dead body of the victim bearing physical evidence of violence has never been considered as the only mode of proving the corpus delicti in murder
Indeed very many cases are of such a nature where the discovery of the dead body is impossible
A blind adherence to this old body doctrine would open the door wide open for many a heinous murderer to escape with impunity simply because they were cunning and clever enough to destroy the body of their victim
In the context of our law Hale s enunciation has to be interpreted no more than emphasising that where the dead body of the victim in a murder case is not found other cogent and satisfactory proof of homicidal death of the victim must be adduced by the prosecution
Such proof may be by the direct ocular 458 account of an eye witness or by circumstantial evidence or by both
But where the fact of corpus delicti ie homicidal death  is sought to be established by circumstantial evidence alone the circumstances must be of a clinching and definitive character unerringly leading to the inference that the victim concerned has met a homicidal death
Even so this principle of caution cannot be pushed too far as requiring absolute proof
Perfect proof is seldom to be had in this imperfect world and absolute certainty is a myth
That is why under Section 3 Evidence Act a fact is said to be proved if the Court considering the matters before it considers its existence so probable that a prudent man ought under the circumstances of the particular case to act upon the supposition that it exists
The corpus delicti or the fact of homicidal death therefore can be proved by telling and inculpating circumstances which definitely lead to the conclusion that within all human probability the victim has been murdered by the accused concerned
In the instant case Circumstances 1 to 5 in their cumulative effect are not only inconsistent with the innocence of Rama Nand appellant but ineluctably and rationally compel the conclusion that Sumitra has died and it is Rama Nand appellant who has intentionally caused her death
Circumstance 3 involves an admission by Rama Nand and Shish Ram accused that Sumitra has met an unnatural death
The only difference between the prosecution version and the defence version is as to whether Sumitra committed suicide or had been killed by Rama Nand appellant
It has been found that the story of the suicide set up by the accused is false
The articles Salwar exhibit P14 and the shoes exhibit P 15 do not belong to her
They were planted by the accused to lay a false trail and to mis direct the investigation
This circumstance taken in conjunction with the others irresistibly and rationally leads to the conclusion that she has been murdered by Rama Nand appellant and her dead body has been disposed of by the appellants Shish Ram and Kali Datt
For the foregoing reasons we dismiss this appeal and maintain the convictions and sentences of the appellants
SR Appeal dismissed


Summary:
Dismissing the appeal and maintaining the conviction and sentences of the appellants the Court  HELD1 It is well settled that where the inference of guilt of an accused person is to be drawn from circumstantial evidence only those circumstances must in the first place be cogently established
Further those circumstances should be of a definite tendency pointing towards the guilt of the accused and in their totality must unerringly lead to the conclusion that within all human probability the offence was committed by the accused and none else
In the instant case the following circumstances had been correctly found to have been established by the prosecution i Rama Nand accused had a strong motive to murder his wife Sumitra
ii Sumitra was last seen alive with Rama Nand appellant in the family house at Jherwin on the night between 13th and 14th May 1972
iii a Rama Nand and the other co accused falsely gave out that she had committed suicide by jumping into the river
They planted  a Salwar and a pair of shoes on the bank of the Sutlaj and gave out that they belonged to the deceased and Shish Ram lodged a false report with the police to the effect that she had committed suicide by jumping into the river
The Salwar and the shoes which had been planted  there to manufacture false clues by the accused did not belong to Sumitra and the accused falsely asserted that whose articles belong to the deceased
b The story given out by the accused persons that upto 11 am on May 14 1972 Sumitra was planting chillies along with Sheela and other members of the family of the accused was false
iv The gold chain exhibit P 1 and the watch exhibit P 2 which Sumitra used to wear on her person all the 24 hours and the clothes exhibit P 5 to P 10 which she had on her person and the basket exhibit P 11 and umbrella exhibit P 12 which she was carrying when on the evening of May 13 1972 she came to house of the accused at Jherwin were recovered from the house of the accused
v Some days after the occurrence one Paranda was found from the jungle near this village
There was a bunch of hair in the plated tail of this Paranda
The tail appeared to have been cut
These hair sticking in the paranda and those found entangled in the Dupatta of the deceased were according to the Forensic Expert of one and the same person
vi A legless decomposed corpse was recovered from the Sutlej near village Randol in a mutilated condition
But its identity 451G H 452A E 453A B 2 Even on the assumption that the dead body of the victim was not found circumstances i to v mentioned above in their cumulative effect includably and rationally compel the conclusion that Sumitra had died and it was Rama 445 Nand accused who had intentionally caused her death
Ordinarily the recovery of the dead body of the victim or a vital part of it bearing marks of violence is sufficient proof of homicidal death of the victim
Even so discovery of the dead body of the victim bearing physical evidence of violence has never been considered as the only mode of proving the corpus delicti in murder
Indeed very many cases are of such a nature where the discovery of the dead body is impossible
A blind adherence to this old doctrine of Sir Mathew Hale that for a conviction of murder atleast the body was found dead would open the door wide open for many a heinous murderer to escape with impunity simply because they were a cunning and clever enough to destroy the body of their victim
In the context of our law Hale s enunciation has to be interpreted no more than emphasising that where the dead body of the victim in a murder case is not found other cogent and satisfactory proof of homicidal death of the victim must be adduced by the prosecution
Such proof may be the direct ocular account of an eye witness or by circumstantial evidence or by both
But where the fact of corpus delicti ie homicidal death  is sought to be established by circumstantial evidence alone the circumstances must be of a clinching and definitive character unerringly leading to the inference that the victim concerned has met a homicidal death
Even so this principle of caution cannot be pushed too far as requiring absolute proof
Perfect proof is seldom to be had in this imperfect world and absolute certainty is a myth
That is why under Section 3 Evidence Act a fact is said to be proved if the Court considering the matters before it considers its existence so probable that a prudent man ought
under the circumstances of the particular case to act upon the supposition that it exists
The corpus delicti or the fact of homicidal death therefore can be proved by telling and inculpating circumstances which definitely lead to the conclusion that within all human probability the victim has been murdered by the accused concerned
457 D H 458A D