HON'BLE MS.JUSTICE HIMA KOHLI HON'BLE MR.JUSTICE VINOD GOEL VINOD GOEL, J:Additional Sessions Judge/ Special Judge (NDPS), West Delhi (ASJ) in Session Case No.50/2010 vide FIR No.25/2010 u/s 302/304B/498A IPC, PS Moti Nagar, convicting the appellant for the offence under Section 302 of the Indian Penal Code, 1860 (IPC) and order on sentence dated 28.02.2011 sentencing him to undergo imprisonment for life along with a fine of Rs.50,000/- and in default of fine, simple imprisonment for two months.The Ld.CRL.A.572/2011 Page 1 of 20As per the factual matrix, the appellant and the deceased got married on 20.10.2004 as per the Arya Samaj rites and rituals.On 30.01.2010, the appellant made a telephonic call to the deceaseds father, Mr. Shanti Prakash Sardana (PW-1), at about 1:45 AM and informed him that she had fallen ill and has to be taken to a Hospital.PW-1 along with the deceaseds sister-in-law, Mrs.Shiksha Sardana (PW-5) reached the appellants house where they found the deceased in an unconscious condition and took her to Khetrapal Hospital where she was declared as brought dead.PW-1 along with PW-5 and the appellant then took the deceased to Acharya Bikshu Govt. Hospital, Moti Nagar where after examination, she was declared as brought dead.3. DD No.6A (Ex.PW11/A) was recorded on 30.01.2010 by HC Mewa Ram (PW-20) posted at P.S. Moti Nagar after a call was received from Acharya Bhikshu Hospital about the deceased being brought to the Hospital by her father and husband and declared as brought dead.PW-1 refused to give his statement to the Police Officials as he informed them that his son had gone to London and his wife had gone to Kota and he would give a statement only on their return.The dead body was taken to DDU hospital for preservation by Constable Jai Prakash (PW-16).ASI Jai Singh (PW-9), Incharge of the Mobile Crime Team (West) on CRL.A.572/2011 Page 2 of 20 receiving information from P.S. Moti Nagar reached the house of the appellant at WZ 81/1, Gali no.10, Ram Garh Colony at 5:30 AM and inspected the house till 6:00 AM.He submitted his report, Ex.PW9/A. He found that the injured was taken to the Hospital.He got the photographs of the site taken from the photographer, Ct.PW-11 along with PW-21 also reached the appellants house and inspected the scene of crime.PW-19 proved the negatives of the photographs, Ex.PW19/1 to Ex.PW19/5 and the positives, Ex.PW19/6 to Ex.CRL.A.572/2011 Page 2 of 20Dr. Munish (PW-12), Junior Resident in Acharya Bhikshu Hospital, Moti Nagar deposed that on 30.01.2010, he had examined the deceased, Chandni who was brought to the casualty.He declared her brought dead vide casualty card, Ex.PW12/A. He stated that the police had reached there and shifted the body to DDU Hospital.Whole brain oedematous with flattened gyri of the brain with relatively congested meninges of the brain."The statement of PW-1 (Ex.PW1/A) was recorded in the presence of Shri R.K Saini, Executive Magistrate (PW-13).The Rukka (Ex.PW21/A) was prepared by PW-21 on the basis of this statement and FIR (Ex.PW7/A) was registered at P.S. Moti Nagar by HC Bricha Singh (PW-7).On 01.02.2010, the viscera sample of the deceased was deposited by PW-11 with MHCM, P.S. Moti Nagar HC Rajesh Kumar (PW-13).On 25.02.2010, the viscera sample was sent to FSL through Ct.The appellant was apprehended on 01.02.2010 from Moti Nagar Metro Station and CRL.A.572/2011 Page 4 of 20 brought to P.S. Moti Nagar.He argued that the deceaseds family members had concocted a false story to falsely implicate the appellant which is clear from the CRL.A.572/2011 Page 5 of 20 fact that PW-1, who had accompanied the appellant to the Hospital on the fateful night, had refused to give his statement on the same day i.e. 30.01.2010 and had waited for two days till 01.02.2010, to give his statement.He further argued that since the Trial Court had disbelieved the testimony of the deceaseds father (PW-1), brother, Atul Sardana (PW-6) and the appellants landlady of the house, Ms. Rajani Kapoor (PW-2) with respect to the alleged demand of dowry and causing cruelty to the deceased by the appellant and acquitted the appellant under Section 498A and 304B, the testimony of PW-1 and PW-6 on the other aspects is under serious doubt.CRL.A.572/2011 Page 5 of 20What do you say?It is correct.Question: It is evidence against you that on the date of the incident i.e. 29/1/2010 you had not reached so Chandani was perturbed you reached at room of PW2 Rajni Kapoor by knocking her door and called her.What do you say?CRL.A.572/2011 Page 9 of 20My wife was suffering from high blood pressure for which she was taking medicines and had become anemic.On the day of incident she fell from the bed and suffered injuries.Immediately I called my father in law and brother in law."Ans: It is possible, Vol.Through: Mr. Amit Gupta, APP.The present criminal appeal has been filed against the impugned judgment dated 26.02.2011 passed by the Court of Ld.On 01.02.2010, at 1:15 PM Dr. B.N Mishra, Medical Officer, Department of Forensic Medicine (PW-15) conducted the post mortem on the dead body of the deceased aged 25 years.5. PW-15 founds the following external injuries on the body of the deceased:Fractured nasal bone with brusing of adjacent tissue and collection of blood clots in the nasal cavity and torn nasal Macosa with dark reddish in colour.CRL.A.572/2011 Page 3 of 20Two apartly places linear Bruise of size 03 x 1 cm and 2.5 cm x 1 cm respectively with vertical placement at lower part of back over lumber spine with reddish brown in colour.Abrasion of size 4 x 2 cm present on the right lower part of the back 5 cm apart from external injury no.2 with reddish brown in colour.Abrasion of size 2 x 2 cm present on the left side of cheek bone with reddish brown in colour.Nails marks in cresentric shape presen on the right side of cheek bone and 2 cm below from Laternal canthus of right eye with reddish brown in colour.Bruise of size 1 cm x 0.5 cm present on tip of the right shoulder with reddish brown in colour.Bruise of size 4 x 5 cm present on the thenier eminence of right palm with dark reddish colour, blood cots on secion.HEAD: Subdural Haematoma present on the right tampero parital region with thick layered and dark red in colour.He was interrogated and then arrested vide arrest memo Ex.PW6/G.CRL.A.572/2011 Page 4 of 20As per the Post Mortem report dated 01.02.2010 (Ex.PW15/B), the time since death was about two and a half days prior to the Post Mortem examination.The cause of death was kept pending in the Post Mortem Report (PMR) dated 01.02.2010 till the FSL and the Histopathological Reports were received.Dr. B.N Mishra (PW-15) mentioned in the PMR "However the association of assault on the part of her death could not be ruled out.All injuries are ante- mortem." The FSL report (Ex.PW21/E and Ex.In the subsequent opinion (Ex.PW15/A) dated 25.10.2010, the cause of death was opined as "due to coma caused by Cranio Cerebral injury (Head injury) by means of hard blunt and forceful impact upon head.The possibility of homicide cannot be not ruled out."On 19.05.2010, the Ld. ASJ framed charges against the appellant under Section 498A/304B/302 IPC to which the appellant pleaded not guilty and claimed trial.The prosecution examined 21 witnesses to bring home the guilt of the accused while the appellant examined one witness in his defence.He contended that the Police did not recover any weapon from the appellants home to connect him to the incident and no motive has been imputed to the appellant by the prosecution.He argued that the injuries were well explained by the appellant in his statement under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and in any case, these injuries were not sufficient in the ordinary course to cause death and hence the ingredients of Section 300 of the Indian Penal Code, 1860 (IPC) were not fulfilled.CRL.A.572/2011 Page 6 of 20Per contra, Mr.Amit Gupta, the ld.APP for State argued that the impugned judgment suffered from no perversity or illegality and hence does not merit any interference.We have heard the ld. Counsel for the appellant and the ld.APP for the State.The appellant has given different versions of what had transpired on the fateful night in his statement under Section 313 of the Cr.P.C. It would be necessary to analyse his version of the events here, hence the relevant questions and answers in the statement under Section 313 are being reproduced herein below: -"1. Question: It is in evidence against you that on 30/1/10 at about 3:15am an information was received in Police Station Moti Nagar from Acharya Bhikshu Hospital telephonically that Chandni w/o Sarbjit R/o WZ 81/1 Gali no.10 Ram Gard Colony was brought in the hospital by her father and husband and was declared brought dead.What do you have to say?Ans: It is correct as my wife was sick, I called my father in law and along with him took her to the hospital as she had fallen from the bed."CRL.A.572/2011 Page 7 of 20Question: It is in evidence against you that the fact regarding death of Chandni was disclosed to PW6 by his wife by saying that you had telephoned her and asked her to come immediately to your residence as there was a fight between you and chandani and at that time you were with her on which PW6 also talked with you and inquired from you on this you told him that there was a fight between you and Chandani and you had given her a push on her neck and thereafter she was not getting up.What do you say?Ans: It is incorrect.I never had any fight with my wife Chandani.However, she was sick and was lying on the bed because of weakness she could not even go to natural calls and she fell down from the bed I immediately called my father in law and her brother.My father in law came to my house and alongwith me went to the hospital.I made several calls and had also received several calls to my father in law and brother in law."What do you say?Ans: My wife was anemic and required good food which she avoided.She was given proper medical treatment and all the goods and papers were removed by the police and my father-in-law from the house."Question: It is evidence against you that on the night of 29/1/2010 at 1:45am PW1 received a call which was made by you and told to him to come soon as Chandani fell ill and you have to go to hospital for treatment of Chandani.What do you say? Ans: Since my wife had developed uneasiness because of fall from her bed I immediately made a call to my father in law for help and also to inform him about the CRL.A.572/2011 Page 8 of 20 illness and took him alongwith him to the hospital my immediate neighbours were also called and they also helped me in taking my wife to the hospital."CRL.A.572/2011 Page 8 of 20Question: It is in evidence against you that when PW1 reached at the residence of his daughter she had already died as PW1 checked her pulse to verify whether she was dead or live.What do you say?It is incorrect.I do not know at what time she had died but she was responding at the time she was taken the hospital."Question: It is in evidence against you that Chandani was at the residence of PW1 Shanti Prakash Sardana till about 3pm.What do you say? Ans.As soon as my wife fell from the bed I had informed my father in law and brother in law of the incident on telephone and they immediately came to my residence I alongwith my father in law and brother in law went to the hospital but before that my father in law took my wife to his house to pick up my mother in law at that time my wife was alive and responding."Question: It is in evidence against you that on receiving the call from you PW1 had reached initially in the house no.81/1 gali no.10 Ram Garh Colony where Chandani was lying unconscious consition and she was taken to the hospital.However, my wife was not unconscious and was responding."Since my wife was not responding to the door because of her weakness I called Rajni Kapoor so that she could open the door from inside."Question: Do you want to say anything else? Ans.CRL.A.572/2011 Page 10 of 20Question: The photograph on which no.171 (Ex.PW19/8) is written is shown to the witness and asked, is it possible if a person have sudden fall which face towards the ground and hits the edge as shown in pt-A on the photograph, the said person may get nasal bone fractured?However, same may be caused by getting hit with blunt object.Question: For the 7 external injuries as mentioned in the postmortem report Ex.PW15/B either the person be hit with some solid edged object like danda or a person may have a free fall on some solid edged object like bed?The injury noted in PM report are not possible to be inflicted on the body during the single episode as above mentioned modes.stated as the above mentioned injuries are variable in their nature and the distribution on the body, the above suggested conditions cannot caused these injuries.Question: How many hits are necessary for causing the injury no.1 to 7?Ans: The injury present on the body of the deceased cannot be caused only due to falling on the hard surface/blunt object.The same may have been caused by different means of causing injuries.Question: I suggest to you that the injury no.1 to 7 had been sustained by the deceased when she was coming to the bed in darkness and had struck with something on the floor due to which she lost balance and had a free fall on the edge of the bed?Ans: These injuries no.1 to 7 are not possible only in the above manner and the same are not possible to have been sustained only by one fall as above mentioned."CRL.A.572/2011 Page 18 of 20For this purpose, a certified copy of this judgment shall also be delivered forthwith to the Secretary, DLSA with a further direction to submit a compliance report to this Court within three months from the date of receipt of the certified copy of this judgment.If no such compliance is forthcoming within the stipulated time, the Registry will place the matter before Roster Bench for further directions.CRL.A.572/2011 Page 19 of 20The appeal is dismissed on the above terms.(VINOD GOEL) JUDGE (HIMA KOHLI) JUDGE JULY 08, 2019 CRL.A.572/2011 Page 20 of 20

Sections cited: Section 313 in The Indian Penal Code, Section 304B in The Indian Penal Code, Section 498A in The Indian Penal Code, Section 300 in The Indian Penal Code, Section 302 in The Indian Penal Code, Section 304 in The Indian Penal Code