State Of Rajasthan vs Ramesh

2. Prosecution story in brief is that PW-1 Prithviraj Singh gave a telephonic information on 28.04.1999 at about 10.55 p.m. to PW-7 Bhagwan Singh, Station House Officer of Police Station Kalwad that Sheela, eldest daughter of his servant Ramesh (respondent) has committed suicide by hanging. The Station House Officer rushed to the spot. He made enquiries from Ramesh in the farm house where he used to work, and lived with his three daughters. He (Ramesh) told the Station House Officer that his daughter went out of the farm house at about 8.30 p.m. and came back after some time. Ramesh further told that he objected to his daughter’s conduct of meeting PW-9 Bablu, and scolded her. Thereafter power went off. He further told the Station House Officer that after some time when generator was started, he saw that Sheela has hanged herself. The knot was opened and the body was brought down. The Station House Officer mentioned these facts in the report/marg No. 7/99 prepared under Section 174 of the Code of Criminal Procedure (CrPC). He prepared site plan, took dead body in his possession, and got prepared inquest report (Ex. P-1) in the early hours of 29.04.1999. He directed PW-11 Assistant Sub Inspector Maliram to make further inquiries under Section 174 CrPC. The Assistant Sub Inspector, after recording the statements of Ramesh and other witnesses present there, gave report on 30.04.1999, on the basis of which First Information Report (Ex. P-11) was registered as Crime No. 63/99 relating to offences punishable under Sections 302 and 201 IPC. The Station House Officer himself took up the investigation. Meanwhile, autopsy was conducted on 29.04.1999 on the dead body of Sheela by PW-8 Dr. Viveka Nand of S.M.S. Hospital, Jaipur, at the request of the police, who found following ante mortem injuries: -

Left lateral side of trachea middle/3 on area ¼ cm below above injury size ¼ x ¼ cm.

7. The trial court, after hearing the parties, found accused/ respondent Ramesh guilty of the charge, and convicted and sentenced him under Section 302 IPC to imprisonment for life and directed to pay fine of Rs.10,000/-, in default of which he was required to undergo one year’s rigorous imprisonment. The respondent was further convicted and sentenced under Section 201 IPC to rigorous imprisonment for a period of two years and directed to pay fine of Rs.1000/-, in default of payment of which he was required to undergo further three months’ rigorous imprisonment.

8. Against said judgment and order dated 17.6.2000, passed by the Sessions Judge, Jaipur, in Sessions Case No. 76 of 1999, appeal (D.B. Criminal Jail Appeal No. 397 of 2000) was filed by the convict before the High Court. The High Court, after hearing the parties, allowed the appeal and set aside the conviction and sentence recorded by the trial court holding that the chain of circumstances as against the convict was not complete to come to the irresistible conclusion that the accused-respondent committed murder of his daughter. Said order of the High Court is challenged before us by the State.

16. As to appearances due to asphyxia, Modi says: -

(emphasis supplied)

24. For the reasons, as discussed above, we are of the view that the High Court has erred in law in holding that the deceased could have hanged herself, and that the chain of circumstances was not complete against the accused. Therefore, this appeal deserves to be allowed. Accordingly, the appeal is allowed, and the impugned judgment and order dated 4.1.2006, passed by the High Court in D.B. Criminal Jail Appeal No. 397 of 2000, is set aside. Accused-respondent Ramesh is convicted under Section 304 Part I IPC and sentenced to rigorous imprisonment for ten years. The period of sentence already undergone by the accused shall be set off. His conviction and sentence recorded by the trial court shall stand modified accordingly.

25. The lower court record be sent back to make the respondent serve out the remaining part of sentence.

November 20, 2015.