[2008] 15 S.C.R. 916

RAGHAVENDRA SHARMA v.

STATE OF M.P. (Criminal Appeal No. 1063 of 2001)

NOVEMBER 7, 2008

[DR. ARIJIT PASAYAT, C.K. THAKKER AND

D.K. JAIN, JJ.]

Penal Code, 1860; s. 302 rlw s.34:

Murder - Husband allegedly committed murder of his wife - Trial Court, on the basis of post-mortem report and evidence of doctor, found the accused guilty of committing murder of his wife and sentenced him accordingly - Affirmecf

0 by High Court - Correctness of - Held: Correct - Doctor conducted post-mortem opined thatcause of death was asphyxia as a result of suffocation - Since no food particles found in trachea, larynx and bronchitis, question. of vomited material blocking the air passaga clearly ruled out - Accused E was living along with deceased in the same room and doubted fidelity of his wife and was also not happy with the dowry and, therefore, had motive to commit the crime - Under the circumstances, trial Court rightly found that the accused had motive of committing the murder of his wife - Hence, no infirmity found in the impugned order warranting interference.

F Appellant had been harassing his wife for more and more dowry and also doubting her fidelity. He allegedly committed her murder. Family members of the deceased lodged an F.l.R. The Police conducted the post-mortem G and, after investigating into the matter submitted the charge sheet against the accused husband for committing the murder of his wife. Trial court found that the appellant doubted the fidelity of his wife and believed that she had illicit relationship with her brother in law and

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RAGHAVENDRA SHARMA v. STATE OF M.P. 917

was not happy with the dowry articles given to him at the A

time of marriage and as such had motive to commit the crime; that .the deceased was in the company of the . appellant in the night when she died and it was he who

alone had committed her murder. The trial Court on the basis of post mortem report and evidence of PW7, one B

•+ of the doctors who had conducted the post mortem, found the accused husband guilty of committing the murder of the deceased, his wife. On appeal, High Court affirmed the conviction and sentence of the accused.

Hence the present appeal. c

Dismissing the appeal, the Court

HELD: 1.1. The evidence of PW 7, the doctor who had conducted the post mortem, categorically ruled out the theory of accidental death as was projected by the D accused. PW 7 had committed the postmortem along with another doctor and stated that the cause of death was asphyxia as a result of suffocation. [Para 4] [921-C-D]

1.2. PW 7 had found a dark read colour mucoid fluid E on the trachea and found violet bluish froth in the lungs.

No food particles were found in the trachea, larynx and bronchitis. Therefore the question of vomited material --. blocking the air passage was clearly ruled out. DW 3 had never any occasion to see the dead body and purportedly F had looked at the postmortem report. In that sense his evidence has t;!Videntiary value. Apart from that the deceased was living with the appellant staying in the same room and that is another factor which has been . rightly taken note of by the trial court and the High Court.

G No infirmity found on the conclusions of the trial Court or the High Court to warrant interference. [Para 5] [922-

D-E]

l' CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1063 of 2001.

"- A From the final Judgment and Order dated 27 .2.200_1 of the i

High Court of Madhya Pradesh at Jabalpur in Criminal Appeal. . No. 68 of 1989. ·

Dr. Madan Sharma, Bakas Kar Gupta, Asha Upadhyay,

B R.D. Upadhyay and Rajeev Sharma for the Appellant.

,_.

C.D. Singh, Sunny Chowdhary, Vairagya Vardhari Dubey, Aditya Singh, Upasana Nath and Vibha Datta Makhija for the

-1.-

Respondent. c The Judgment ofthe Court was delivered by

/ DR. ARIJITPASAYAT, J. 1. Challenge in this appea1 is !

to the judgeJJ!ent of the Madhya Pradesh High Court, Jabalpur upholding the conviction of the appellant for offence punishable

D under Secti011~2 of the Indian Penal Code, 1860 (in short the

'IPC') as was recorded by learned Second Additional Sessions Judge, Chhindwara in Sessions Tri~I No. 136 of 1986.

Appellant alongwith his father Bhuvneshwar Dayal Sharma faced trial for commission of offences punishable.under Section

302 read with Section 34 and 201 IPC. Father of the appellant was acquitted of both the charges, while appellant was acquitted of charges under Section 201.

2. Background facts in a nutshell are as follows: ·

, Maya (hereinafter referred to, ps the 'deceased') was the

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wife of lhe appellantand they were married. about 11 months prior to the date of incident. It is further an admitted position that the deceased was a teacher posted at Parasia whereas appellant was also a teacher posted at village Mungwani and

G he used to visit his wife at village Parasia. It is further not in dispute that Narendra Kumar Sharma (P.W.2) and Dipal alias

Pappu (P .W. 11) are brothers of deceased whereas Sushila Bai (P.W.8) and Rajkumari (P.W. 10) are sisters of the deceased.

It is also an ad[Tlitted position that appellant along with the deceased had gone to his father-in-law's place on 8.5.1886. " H They .had gone to Vidisha along with Rajkumari (P.W.10) and

her husband Radhakrishan and Dipak. They stayed there for A about ten days and thereafter on 19.5.1888 appellant along with the deceased and Dipak (P. W.11) returned to village

Parasia and .on the same day he went to village Salkhanl, declining the request to stay at village Parasia. There is no . dispute that the deceased was at advance stage of pregnancy B . and she died in the .night between 21-22 May, 1986 at her

father-m-law's at village Salkhani. On receipt of the information about the death of Maya, Mahesh Prasad (P.W; 1) who is the husband of the sister of the deceased along with Sushila (P.W.8) and Narendra Kumar Sharma (P.W.2) went to village c Salkhani. Seeing dead body of Maya they perceived her death to be suspicious and hence gave report to the Chourai Police Station. On receipt thereof, inquest report (Ex. P/3)' was prepared in presence of the witnesses and vomited material along with the earth were seized. Dr. Panchamlal (P.W. 5) who D: was called by the appellant on 22.5.1986 declared her dead.

After the marriage of the deceased with the appellant on 2.6 .. 1985, deceased came to her father-in-law's place at village Salkhani only 3-4 times and although appellant used - to go to meet his wife at village Parasia, but was not happy with the articles given at the time of marriage and had kept the same at the parents' place of the deceased at Paresis.

Appellant further used to demand Scooter and had suspicion abou.t his wife's fidelity and believed that she had illicit relationship with her brother-in-law Radhakishan i.e. husband of Rajkumari (P .W.10). Immediately prior to the incident appellant and deceased had gone to Radhakrishnan's House at Vidisha. After returning from Vidisha to Parasia, in spite of

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the request made, appellant did not stay with his wife there and went along with the deceased to his village Salkhani, although G deceased was not inclined to go. On 21.5.1986, the villagers heard the cries of the deceased. She was done to death by the appellant and in order to conceal the crime, he projected that she died of vomiting.

A While preparing the inquest report it was found that there were red and blue spots on the face and chest of the deceased and thin blood coming out from the nostrils and as such the death was found to be suspicious and accordingly the dead body of Maya was sent for post-mortem examination. The Post B mortem was conducted by a team of doctors consisting of Dr.

V.E. Chako (P.W.7) and Dr. K.D. Khan and they submitted the post-mortem report (Ex.P/12) signed by both of them. According to the post-mortem report and the evidence of Dr. Chako (P.W.7), Maya's death was "asphyxiat as a result of suffocation".

On enquiry by the investigating officer, Dr. Chako opined that swelling between Pornum adeomi and the border of the breast was-ante-mortem in nature and could have been possible by pressing hard the chest and smothering by an object like soft pillow. The investigating agency also sent the D earth containing vomited material for chemical examination tO

the Forensic Science Laboratory. But in its report the Forensic Science Laboratory did not find any poison. However, on the seized under-garments of the deceased and on the slides prepared from the vaginal fluid human sperms were found to E show that the deceased had sexual intercourse before tier death.

Trial court on appreciation of the evidence, on placing reliance on the post mortem report and the evidence of Dr.

F Chako, PW7, found the death of the deceased to be homicidal in nature. The trial court rejected the evidence of Dr. S.D.

Vaidya, DW3 who had opined that the death of Maya was accidental in nature. Trial court found that the appellant doubted the fidelity of his wife and believed that she had illicit G relationship with her brother in law and was not happy with the dowry articles given to him at the time of marriage and as such had motive to commit the crime. It was further found that the deceased was in the company of the appellant in the night when she died and it was he who alonehad committed lier

murder.

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The High Court analysed the stand taken by the appellant A

--{ and came to hold that the conclusions of the trial court were justified. Accordingly the appealas noted above has been dismissed.

In the present appeal the stand taken before the High B Court with reference to evidence of PW 3 was reiterated . ..

3. Learned counsel for the State on the other hand ·

"{ supported the judgment of the High Court.

4. The evidence of PW 7 categorically ruled out the theory c of accidental death as was projected by the accused PW 7 had committed the postmortem alongwith Dr. Kahare and stated that the cause of death was asphyxia as a result of suffocation. Dr. Chako in her evidence has stated that on 5.6.1986 she had received a query, Ex. P .13 from the D investigating agency and had given an answer. The quaries and the answers are as follows:

"1. You have mentioned in P.M. report that "swelling ,, between pomum-adami and border of the breast" please

E clear that how that swelling can be caused.

2. You have also mentioned in P.M. report that "Nails of fingers of both the hands are blue and terminal pulps of ...... the fingers of the right and found blueish purple colour (Coppery) while in the left hand it is present over the tips F of fingers" please clarify that how it can be caused.

3. The case of death according to P.M. report 'Asphyxiated death due to suffocation" please how that suffocation caused resulting into death".

4. Please clarify that the mode of death is whether homicidal, suicidal or accidental."

In answer thereto, Dr Chako had stated as follows:

1. The swelling on the said area in ante-mortem in nature and can be caused both by external heavy pressure applied on the chest and the said region and smothering by n object like soft pillow with deeply applied pressure.

2. The blueish purple (Coppery) colour on the said areas · are as a result of asphyxia.

 3. Cause of death given as asphyxia as a result of suffocation which ·an be attributed to the ante-mortem Injury (swelling }mentioned in the P.M. Report.

4. Death is homicidal:"

5. PW 7 had found a dark read colour mucoid fluid on the trachea and found violet bluish froth in the lungs. No food particles were found in the trachea, larynx and bronchitis.

D Therefore the question of vomited material blocking the air passage was clearly ruled out. DW 3 had never any occasion to see the dead body and purportedly had looked at the postmortem report. In that sense his evidence has evidentiary value. Apart from that the deceased was living with the E appellantstaying in the same room and that is another factor which has been rightly taken note of by the trial court and the High Court. We find no infirmity on the conclusions of the trial court or the High Coutt to warrant interference.

6. Appeal is accordingly dismissed.

S.K.S.

Appeal dismissed.

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