Case: State Of U.P Vs. Dr. Rajinder Prakash Mittal

4. The respondent Dr. Ravindra Prakash Mittal aged about 29 years in 1971 was a private medical practitioner at Saharanpur city. He married one Smt. Mithlesh, but the marriage was dissolved by an ex-parte decree in a suit for dissolution filed by the wife. The respondent thereafter married on 30th July 1971 the deceased Smt. Kamlesh, aged about 20 years who was a resident of Jagadhri. The family of the respondent consisted of his widowed mother Smt. Darshnadevi (CW-1), and three brothers, namely, Bhupendra Prakash (CW-2), Narendra Prakash and Virendra Prakash, of whom the first two brothers were married while Virendra Prakash was unmarried. It is stated that his father had died of heart attack a few months before his second marriage. They all lived under common roof, having common mess but in separate rooms in the first floor of their house with their respective wives and children. Smt. Darshnadevi and her younger son Virendra Prakash had occupied a separate room. The respondent had his clinic in the ground floor. PW-6, by name, Mohd. Aslam alias Chini was working as a Compounder in the clinic, occasionally doing domestic work.5. Smt. Kamlesh had two brothers, by name, Mamchand and Suresh Chand (PW-2). Her elder sisters husband is one Nagesh Agarwal (PW-7). It transpires from the evidence that after her mothers death she had mostly lived in her elder sisters house till her marriage. After the marriage, she visited her parents and brother-in-law twice or thrice in quick succession and wrote some letters, two of which are marked as Exts. Ka-3 dated 18.9.1971 and Ka-4 dated 19.9.1971. The case of the prosecution is that some time after the marriage the relationship between the deceased and the respondent became strained. It is said that the respondent had on more than one occasion unleashed threats to shoot and kill the deceased. While it was so, on the fateful night the respondent and the deceased after taking their dinner slept in a room which was in their exclusive possession. In the morning the dead body of the deceased Smt. Kamlesh smelling of kerosene was found by the inmates of the house inside the bed room lying within a cot frame of the floor. The respondent and his family members came out with a statement that deceased had committed suicide by sprinkling kerosene and setting herself on fire. The respondent telephoned to the Superintendent of Police, Saharanpur (PW-3) and informed that his wife Smt. Kamlesh had committed suicide. PW-3 asked the respondent to inform the local police and told that he would himself soon reach the spot. Meanwhile, PW-4, Ram Krishan, a Head constable attached to the outpost Mali Gate came to the scene place on his way to Kotwali. He on receipt of the information about the death of Kamlesh telephoned to Kotwali Police Station and informed PW-13, another Head Constable about the incident. This piece of information passed on by PW-4 was entered in the General Diary (Ext. Ka-28) at 8.00 a.m. reading that PW-4 had informed over telephone that the wife of the respondent had died of burns. The Sub Inspector of Police, Ganga Ram Nagar (PW-10) in whose presence the telephonic message from PW-4 had been received at Kotwali, immediately proceeded to the scene accompanied by another S.I. Asthan and Inspector Wajid Ali Khan (PW-14). They all reached the scene at about 8.30 A.M. and found a crowd of about 150 to 200 persons at the scene house. On reaching the scene house, PW-10 found a basket with some snacks and sweets lying scattered in the court-yard. The police party went to the upstairs and found the respondent and other members of the family present. Insides the bed room the dead body of the deceased was found lying on the floor within the frame of the cot with extensive burns. An inquest was held over the dead body. Certain photographs (Exts. A-D, F and G) were caused to be taken with the help of PW-11, a photographer. The inquest report is filed as Ext, Ka-8. After sending the dead body for post-mortem, PW-10 inspected the scene place and prepared the site plan (Ext. Ka-10). The room in which the dead body was lying had its door opening to the inner balcony towards east. Adjacent to this room there was a small kitchen containing utensils and other articles. The wooden frame of the cot was scorched. About two steps away from the dead body a match box containing a large number of burnt match sticks was found lying. A thin layer of smoke was present on the walls and ceiling of the room. A plastic bucket with water was found two or three steps away from the dead body, but there were no signs of water having been poured either on the dead body or in the scene room. A medicine box was found inside the room with an injection syringe fitted with a needle. A five litre kerosene oil tin was in the room containing about a litre of kerosene. All the articles (Exts. 4 to 22) which were found inside the room were recovered under Memos (Exts. Ka-11 to Ka-17). Meanwhile, the Superintendent of Police (PW-3) reached the spot by about 9.15 a.m. He also inspected the place of incident and left the scene after giving instructions to the Investigating Officer. The Investigation Officer after examining the inmates of the house came to the station; made an entry in the General Diary (Ext. Ka-18) and registered a case against the respondent under Section 302 IPC on entertaining a suspicion against him on the materials that he had collected.6. PW1, the Medical Officer attached to the District Hospital, Saharanpur, conducted necropsy on the dead body of the deceased on the following day i.e. 13.10.1971. The dead body with blackening of the skin was smelling kerosene. The hands of the deceased were clenched. The eyes were congested and the eye-balls were prominent. The tongue was swollen and protruding out and also compressed between the teeth. Blood mixed with froth was coming out through nostrils. On internal examination, the Medical Officer found the 6th and 7th ribs fractured. The right cornua of the Hyoid bone was also fractured. The brain was congested; the thorax had extensive burns in the upper region. There was a contused area measuring 5 cm. X 4 cm. on the side of th fracture. On the right side of the neck there was clotted blood in an area of 4 cm. X 3 cm. and the muscles at that place were lacerated. The larynx and trachea and both the lungs were all congested and they contained dark fluid blood. The inner layers of the right carotid artery was congested. The bladder was empty. The Medical Officer is of the opinion that death was due to strangulation and that the fractures on the body were ante-mortem. His report is marked as Ext. Ka-1. In the cross-examination, the Medical Officer has stated that the deceased could have died on 12.10.1971 between 7.00 a.m. and 8.00 a.m. in the morning, which he has clarified in his re-examination stating that this opinion is subject to a margin of 2 to 4 hours on either side. He gave a supplementary report, stating that the fractures of the bones were ante-mortem but the burns were-post-mortem. The supplementary report is marked as Ext. Ka-2. The report of the Chemical Examiner (Ext. Ka-38) revealed traces of barbiturates in the portions of the viscera of the deceased.7. The Investigating Officer searched for the respondent/accused, but he could not secure him as he was not available. He examined the inmates of the house, and the compounder (PW-6) and some others. Further investigation was taken up by the Inspector of Police (PW- 14) on 14.10.1971. PW-14 received the two letters (Exts.Ka- 3 and Ka-4) on being handed over by PW-7. At about 11.00 p.m. on that day the respondent was arrested when the latter was proceeding in a car towards Dehradun and interrogated. After completing the investigation the charge sheet (Ext.Ka- 33) was laid.8. The respondent denied his complicity with the offence in question and gave a lengthy statement. According to him, he was having cordial relationship with his wife and he did not cause the death of his wife or he sprinkled kerosene on her dead body. On the early morning of the date of the occurrence he, leaving his wife in the kitchen, went outside to examine a patient accompanied by one Jageshwar (PW-9) and returned only at about 7.45 or 8 a.m. and found his wife lying dead. He further adds that he immediately informed the Superintendent of Police (PW-3) about this tragic incident.9. There is no direct evidence to prove to charges levelled against the respondent and the prosecution endeavors to establish the guilt of the respondent only on the circumstantial evidence - both oral and documentary. 14 witnesses were examined on the side of the prosecution of whom PW-6 (the Compounder) and PW-9 (Jageshwar) were declared as hostile witnesses. In addition to the prosecution witnesses, the Trial Court examined the mother and a brother of the respondent as Court Witnesses 1 and 2. The substance of the evidence of the Court Witnesses is to the effect that the deceased was found dead inside the room; that they both threw water evidently to extinguish the fire and that the respondent was not in the house in the early morning. The Trial Court after analysing the evidence in extenso foundany case, the circumstances established are so patent and most of them are even accepted by the accused, that latches of the investigation, if any, have little bearing on their proof. The truthfulness of the evidence leading to them cannot, therefore, be questioned for any such reason................................................................................................In the background of their strained relations and the suspicion lurking on the mind of the accused, it may be that on the deceased uttering something to his dislike, he suddenly jumped upon her and throttled her to death. Such an opportunity could scarcely be available to anyone else in the house with the result that the possibility of anyone else committing the murder can on the established facts and circumstances, be reasonably excluded in this case..................................................................................................In the circumstances, the chain of evidence, to my mind, can be considered to be so complete against him as to show that within all human probability the murder of Kamlesh must have been committed by him and none else. He can, therefore, be safely held guilty on the basis of these circumstances alone.On the basis of the above findings, the Trial Court convicted the respondent under Sections 302 and 201 IPC and sentenced him to suffer imprisonment for life and rigorous imprisonment for a period of 3 years respectively with a direction that the sentences are to run concurrently.11. Challenging the judgement of the Trial Court, the respondent filed criminal Appeal No. 2370 of 1972 before the High Court which for the reasons mentioned in its judgement allowed the appeal, set aside the conviction and sentences awarded by the Trial Court and acquitted the respondent holding thatprosecution has, therefore, not been able to establish the chain of circumstances. The circumstances as proved are not incompatible with the innocence of the appellant.The present appeal is directed by the State on being aggrieved with the judgement of the High Court.

Reasoning:
36. As regards the motive, the High Court has held that there was nothing to aggravate the situation on the day of the occurrence for the respondent to take this extreme measure of putting her to death. This reasoning of the High Court is quite inconceivable, for the simple reason that there could be no evidence as to what had happened during the night of 11/12th October 1971 as the victim herself is dead. However, as we have discussed in the earlier part of this judgment, all was not well with the spouses and their strained relationship had been gaining momentum day by day and ultimately on the ill fated night it had culminated to this occurrence.On an overall survey of the evidence, we are in full agreement with the observation of the Trial Court, holding that "his explanation that he was not present in the house at the time is patently false". The High Court has placed much reliance on the evidence of not only CWs 1 and 2 but also of the hostile witnesses PWs 6 and 9 for holding that the respondent was not in the house in the early morning, which finding of the High Court is absolutely untenable and in utter disregard of the evidence.41. Even though we are not finding the respondent guilty solely on his false explanation, yet that explanation assumes much significance because it is for the respondent to come forward with an acceptable and plausible explanation explaining the circumstances under which the deceased had met with her end, since, in our considered opinion, the respondent was in the company of his wife on the previous night and was found in the bed room in the early morning.42. Though the respondent has deliberately feigned ignorance and incredibly denied his complicity, the overwhelming persuasive circumstances attending the case and the crucial inculpatory evidence bear chilling testimony unmistakably proving the gruesome offence of murder and its diabolical execution and unerringly establishing the guilt of the respondent beyond all reasonable doubts.43. For all the reasons stated above, we, on our independent appraisal and evaluation of the evidence in accordance with the principle laid down in Chandra Mohan Tiwari v. State of Madhya Pradesh, JT 1992(1) SC 258  unhesitatingly hold that the conclusion arrived at by the Trial Court is logical, tenable, and reasonably sustainable and that the High Court after holding that the death of the deceased was homicidal has gone wrong in recording the impugned order of acquittal on erroneous and incredulous reasons. Hence the judgment of the High Court has become liable to be setgave our anxious consideration to the above submission, but we feel that this plea has to be summarily rejected when the facts and the impelling circumstances surrounding the present case cry for justice which in turn demands for awarding proper punishment according to law. In our view, if the impugned judgment of acquittal reversing the well reasoned judgment of the Trial Court, convicting the respondent is affirmed, it will be nothing but a mockery of justice and will also amount to prepetration of gross and irreparable injustice. Moreover, when a judgment appealed against suffers from illegality or manifest error or perversity, warranting an interference at the hands of an Appellate Court in the interest of justice on substantial and compelling reasons, the mere delay in the disposal of the said appeal will never serve as a ground for non- interference and on the other hand, the Appellate Court is duty bound to set at naught the miscarriage of justice.