Supreme Court of India
MULAKH RAJ ETC.versusSATISH KUMAR AND OTHERS
- Citation
- 1992 INSC 106
- Decided
- 10 April 1992
- Disposal
- Case Partly allowed
- Bench
- KULDIP SINGH
Holding
The prosecution need not prove motive; reliable medical evidence of ante‑mortem strangulation and post‑mortem burning, together with the circumstantial facts, sufficed to establish homicide, and the High Court's acquittal of Satish Kumar was set aside.
Summary
The case concerned the death of Shashi Bala, wife of Satish Kumar, who was alleged to have been strangled and her body burnt to destroy evidence. The trial court convicted Kumar under Sections 302 and 201 IPC based on the post‑mortem report, medical testimony and circumstantial evidence, while acquitting his relatives. The High Court reversed the conviction, holding that motive was not proved and that the evidence was insufficient. On appeal, the Supreme Court held that the medical evidence conclusively showed ante‑mortem strangulation and post‑mortem burns, establishing homicide, and that motive, though relevant, is not essential for conviction in circumstantial cases. The Court restored the Sessions Court’s conviction of Satish Kumar and upheld the acquittal of the other respondents, allowing the appeals in part.
Issues considered
- Whether the death was suicide or homicide.
- Whether the medical evidence of strangulation and post‑mortem burns is reliable and sufficient to prove homicide.
- Whether proof of motive is indispensable for conviction in cases based on circumstantial evidence.
- Whether the chain of circumstantial evidence unbrokenly links the accused to the murder.
- Whether the High Court erred in acquitting the accused.
Legislation cited
- Code of Criminal Procedure, 1973s. 313
- Indian Penal Code, 1860s. 201, s. 302, s. 34
Subjects
murdercircumstantial evidencemedical jurisprudencedowry demandhomicidepost‑mortemburning of bodySection 302 IPCSection 201 IPCmotive
Judgment
A· MULAKH RAJ ETC.
v.
SATISH KUMAR AND OTHERS
APRIL 10, 1992
B [KULDIP SINGH AND K. RAMASWAMY, JJ.)
Criminal Law :
c
Indian Penal Code, 1860: Sections 302 and 201-Death of wife-Stran-
gulation and de.ttruction of dead body by burning to destroy evidence-Ses- -"""\
--
sions Court convicting husband on the basis of post-mortem report and
medical and other circumstantial evidence-Acquittal by High Court- -~
Whether justified-Symptoms on dead body showing death due to pressure
on neck-Medical evidence revealing ante-mortem strangulation and 95%
post-mortem bum injuries-Doctor's evidence clear, cogent, tTUthfu~ reliable
D and conclusively establishing. deatlt due to asphysxia, and consistent with
medical jurisprudence-Circumstantial evidence connecting husband-accused
with the crime-Hence death homicide and not suicide-High Court not
justified in reversing Sessions Court's conviction of husband-Accused.
E Criminal Trial
Murder of wife-Motive-Proof-Absence of-Whether material when
F
facts are clea,.....Whether breaks the link in the chain of circumstances con-
necting husband accused with the crime.
Murder of wife and destTUction of evidence-Suspicion that someone
-
amongst parents and brother of husband-accused might have facilitated ·
accused to screen evidence-Whether a substitute for proof-Acquittal of these -~
j
accused-Whether proper.
Medical JurispTUdence :
G
Ante-mortem and post-mortem bum injuries-Distinction between.
The first respondent, his brother and parents were charged under -~-
Section 302 read with section 34 and section 201 l.P.C. for the murder of
H first respondent's wife and screening of evidence.
484
MULAKH RAJ v. SATISH KUMAR 485
~ After seventeen months of marriage of the deceased with the first A
respondent, PW. 15, deceased's brother received a telegram that his sister
had died. Immediately, the same night at 9.00 P.M., he came to the first
respondent's place and found that his sister was dead. He alleged that the
first respondent had made extra judicial confession that the deceased was
strangulated for not getting the dowry of their demand, and that she was
~ burnt to destroy the evidence and sought pardon of him. He sent for his
B
people. A compromise was mooted to which he was not agreeable. A
complaint was lodged with the police the next day. PW.1, the doctor, held
.,..____ the autopsy and found that the death was due to asphyxia•
,.__ .
The prosecution adduced evidence of PWs. 9 and 15 for the motive c
of demarid for more dowry, extra judicial confession of first respondent ,
~- said to have been made to PW.15 that the deceased was strangulated, for
not getting dowry of their demand and burnt to destroy evidence, and
recoveries etc.
PW.1, the Doctor, who conducted post-mortem in his evidence stated D
that the deceased died due to asphyxia, as a result of strangulation, which
was ante-mortem and sufficient to cuase death in the ordinary course of
nature, and that burn injuries were 95 per cent, on the entire body except
on the feet, and these were post-mortem.
E
->- The Sessions Judge disbelieved the extra judicial confession spoken
to by PW.15 and others, but accepted the evidence of PW.I and other
-
circumstantial evidence and found that the first respondent had strangu-
lated the deceased and burnt the body to destroy the evidence, and con-
victed him under Sections 302 and 201 I.P.C. However, the Sessions Judge
acquitted the other respondents giving them benefit of doubt. On appeal, F
the High Court acquitted the first respondent and confirmed the acquittal
\ of the other respondents.
Aggrieved, the brother of the deceased, the complainant, and the
State filed appeals by special leave, before this Court.
G
It was contended on behalf of the respondents that since palms were
..., not clenched and the eyes did not protrude but were half closed, the mouth
was closed and tongue was not protruding and the duration of death was
of 5 to 10 minutes, as opined by the doctor, it was not a case of strangula- •.
tion, but suicide, that the respondents had no motive, and in fact, the High H
486 SUPREME COURT REPORTS [1992] 2 S.C.R.
A Court bad found that the evidence was not sufficient to establish motive,
and tbe case was based on circumstantinl elidence and, therefore, motive
being absent, the prosecution had failed to estabiish this impor.a,il link
in the cnain of circumstances to connect the accused, and that the evidence
of DW.4, and tbe statement of first respondent under Section 313 Cr.P.C.
dearly established that the respondent ~s not at home when tile occur-
B rence had taken place.
Allowing fae appeals, partly, this Court,
HELD : 1.1 In a case founded on circumstantial evhfonce t.1e
C prosecutien must prove all the circumstances connecting unbroken chain
of links leading to only one inference that tile accused committed the crime.
If any other reasonable hypothesis of the innocence of the accused can be
inferred from the proved circumstances, the accused would be entitled to
the benefit. What is required is not the quantitative hut qualitative, reliable
and probable circums!ances to complete tile chain connecting t!J.e accused
D with the crime. If the conduct of the accused in relation to the crime comes
into question, the prel·ious and subsequent conduct are also relevant facts.
Therefore 9 the &~sence of ordinary course of conduct of the accused and
human pll'ol1ai>Uitie§ of the case also would be relevant. The court must
weight the evicience of the cumulative effect of' the circumstances and if it
E reaches the conclusion that the accused committed the crime, tile charge
must be held proved and the comiction and sentence would follow. -._
[491F-H, 492A]
1.2 Undoubtedly, in cases of circumstantial evidences motive bears
imp~rtant significance. Motive always locks up in the mind of the accused
F and some time it is difficult to unlock. People do not act wholly without
-
motive. The failure to discover the motive of an offence does not signify
its non-existence. The failure to prove motive i§ not fatal as a matter of
law. Proof of motive is never indispensable for conviction. When facts
are clear it is immaterial that motive nas been proved. Therefore, absence
G of proof of motive rioes not break the link in the chain of circumstances
connecting tlie accused with the crime, nor militates against the prosecu-
tion case. [498H, 499A]
1.3 In the 'instant case, it iS clearly established t.hat the deceased
ag~d about 22 years, was exterminated hardly one year and five months
H after the marriage. As per doctor's evidence, she died of asphyxia, as a
1
MULAKH RAJ v. SATISH KUMAR 487
~ result of strangulation, and that 95% post-mortem burn injuries were A
found over the dead body except the feet. He positively ruled out the theory
of alternatives or suicide. {491E·F]
1.4 A study of medical jurisprudence establishes that the symptoms
found at post-mortem are not uniform but variable depending on the
compression employed on the neck and duration. It would be an inferential B
~
fact since direct evidence would rarely be available. [497G-H]
Taylor's Principles and Practice of Medical Jurisdrndence, Thirteenth
~
Edition 1984 by Keith Mant, Vol. I pps. 282, 283, 286, 287, 305; Gradwohl's
~ Legal Medicine, Second Edition Chapter18, pps. 336, 337; Medical c
Jurisprudence by Raju & Jhala : Chapter XXI p.226; Medical jurisprudence
and Toxicology, 13th Edn. by Modi p. 155, 156, 159 and 161 and H. W. V.
~ Cox's Medical jurispr.idence and Toxicology by Dr. Bernard Knight, 5th
Edn. in Chapter 1 p. 207 and 213, referred to
1.5 In the instant case, all the symptoms found on the dead body of the D
deceased unmistakably show that her death was due to pressure on the neck
and the findings at the post-mortem examination recorded by the doctor and
his evidence are consistent with medical jurisprudence. The duration of
death also depends on the mode of pressure employed and the circumstan-
ces in which constriction was done. Doctors evidence is clear, cogent and
E
. ..- convincing in his findings that the death was due to asphyxia and not due to
suicide. The doctor had meticulously done an expert and excellent autopsy
with grasp of medical jurisprudence to establish, without any shadow of
doubt, of the cause of death of the deceased as asphyxia. [498D-E]
1.6 The evidence of PW.1, the doctor, is truthful, reliable and accept- F
able. From his evidence it is now conclusively estbalished that the death
was due to constriction (asphyxia) and that a deliberate attempt was made
\ to destroy the evidence of death by pouring kerosene on the dead body and
burning the dead body exstensively of 95%. The High Court committed
palapable illegality in accepting the defence version to doubt the evidence
G
of the doctor. The death was, therefore, homicide and not suicide. [498E]
1.7 The evidence of DW.4, maternal uncle of the first respondent,
that the first respondent, his brother and father were in the shop at the
relevant time has to be considered in the light of the attending circumstan-
ces and the conduct of the first respondent. It is established from the H
488 SUPREME COURT REPORTS (1992) 2 S.C.R.
A eivdence that the deceased and the first respondent alone were living in
the upstair's room. The occurrence took place in the broad day time in
their bed room. Admittedly, the day of occurrence is a Sunday and that
too in the afternoon. Therefore, the shops must have been closed. DW.2,
Post Office Superintendent, examined by the defence, categorically ad·
mitted that the handwriting of all the four telegrams was of the same
B person. The first respondent admitted that he issued two telegrams in-
cluding the one to PW.15 and the two were issued by this father. Therefore,
four telegrams were issued by the first respondent alone. When the wife
was practically charred to death, an innocent, and compassionate hus-
band would be in a state of shock and would not move from the bed-side
of the deceased wife and others would attend to inform the relations. It is
c also his case that he phoned to the police station and informed of the
occurrence. Evidence is other way about. An attempt was made to have
the matter compromised, but failed. Thereafter they were found to be
absconding. The evidence of DW.4 that the first respondent was in the
shop thus gets falsified and his is a purgered evidence. This false plea is
D a relevant circumstance which militates against his innocence. The death
took place on the bed room of the spouse and the attempt to destroy the
evidence of murder by burning the dead body; the unnatural conduct of
the first respondent immediatley after the occurrence, the false pleas of
suicide and absence from house are telling material relevant circumstan-
ces which would complete the chain of circumstantial evidence leading to
E only one conclusion that first respondent alone committed the ghastly
offence of murder of his wife, the deceased. Though the torn pieces of the
letter would indicate that she contemplated to commit suicide, obviously
it was due to being unable to bear with the mental tortur~ brought up.on
her. She accordingly must have written, but later changed her mind seeing
the tender son in her arms and not to make him to lose ~other's care
F
and affection. That would clearly show that s.he was not being treated well.
Far from being helpful, this circumstance also is in favour of the prosecu-
tion and against the husband showing that the deceased was subjected to
cruelty. No credence can be given to the plea that the first respondent was
not the author of the crime and the plea that no neighbour was examined
G by the investigation officer as they were not prepared to give their state-
ments. Therefore, the investigating officer was helpless in collecting the
evidence from the neighbours. It is not an insurance that he was innocent.
The delay in filing F.l.R. cannot be considered fatal to the proseeution.
Admittedly, PW.15 was residing in another place. On receipt of the
telegram he rushed to the place and immediately 'ln seeing the dead body
H
MULA.KR RAJ v. SATISH KUMAR [RAMASWAMY, J.] 489
he sent for his relations. After they came to the scene, the F .I.R. A
was lodged on the next day. The delay in lodging F.I.R. is of little
significance. [499B-H, 500A-G]
1.8 The High Court did not consider the evidence in proper perspec-
tive. The order of acquittal of the first respondent is set aside and his
conviction and the sentences awarded by the Sessions Judge restored. B
(5018)
1.9 The evidence of PWs. 15 and 9, regarding the motive was found
to be shaky by the High Court and for the reasoning given, it might appear
to be probable. In those circumstances the animation by the in-laws and
brother-in-law to be a privy to the ghastly murder cannot be positively C
concluded. Undoubtedly, the parents and brother might be present. They
or someone amongst them might have facilitated the first respondent to
screen the evidence of murder. Suspicion is not a substitute for proof. No
proof beyond doubt is forthcoming. Under these circumstances on the facts
of this case their acquittal is right. (5008, 501A-B] D
CRIMINAL APPELLATE JURISDICTION Cnmmal Appeal
Nos. 22 to 25 of 1983.
From the Judgment and Order dated 25.11.81 of the Punjab &
Haryana High Court in Criminal Appeals Nos. 281-DB of.:1981and528-DB E
of 1981.
l.S. Goyal, Ms. Indu Malhotra and S.M. Ashri for the Appellants.
U .R. Lalit and Prem Malhotra for the Respondents.
F
The Judgment of the Court was delivered by
K. RAMASWAMY, J. The four appeals arise out of common inci-
dent.. They are disposed of by common judgment. The complainant, the
brother of the deceased Shashi Bala filed two appeals and the State filed
other two appeals by special leave granted by this court against the judg- G
ment of the Division Bench of Punjab & Haryana High Court dated
November 25, 1981 acquitting Satish Kumar, the first respondent of the
conviction and sentence under section 302 and 201, I.P.C. of the charge of
murder of Shashi Bala, his wife, and also in the same judgment confirmed
the acquittal, by the Sessions Court, of Gulshan Kumar, brother, Ramji H
490 SUPREME COURT REPORTS [1992) 2 S.C.R.
A Das, the father and Smt. Kartaro Devi, the mother of Satish Kumar. Shashi
Bala, a beautiful young lady of 20 years was married to Satish Kumar, the
first respondent, on March 1, 1979 and she met with a homicidal death on
August 10, 1980 in her marital home. The crucial question in this case is
whether it was suicide as contended by the defence or homicide as stated
by the prosecution and who is the author of the murder. The facts lie in a
B short compass. They are stated as under.
As stated the deceased was married to the first respondent on March
1, 1979 by her brother Harbans Lal, PW. 15. She was given usual presen-
tation of the gold ornaments, utencils, television set etc. She gave birth to
c a male child and by August 10, 1980 the boy was 3 months old. PW.15 gave
on June 8, 1980 Rs.5,000 to her as against Rs.10,000 requested for. He
received a telegram on August 10, 1980 at Sasuna, Punjab State that Shashi
Bala died. He immediately came to Uklana Mandi, Haryana State at about
9.00 p.m. on August 10, 1980 and found Shashi Bala dead. It is his case
D that Satish Kumar made extra judicial confession that the deceased was
strangulated for not getting the dowry of their demand and that she was
burnt to destroy the evidence and sought pardon of him. He sent for his
people. A compromise was mooted to which he was not agreeable. The
complaint was laid with the police on August 11, 1980. PW.1 Dr. Sher Singh
held the autopsy and found that the death was due to asphyxia. The police
E laid the charge under section 302 read with sections 34 and 201 LP .C.
against all the respondents. The prosecution adduced evidence of PWs.9
& 15 of the motive of demand for more dowry; extra judicial confession
and recoveries etc. The defence set up by the respondents was that the
relationship between the deceased and the first respondent was cordial. No
F
demand for dowry was ever made. The first respondent arranged marriage
of Parmila, sister of the deceased with one Gopal, his cousin which later
--
was broken down due to which the deceased became gloomy. In support
thereof they produced a letter of torn pieces (Ext. E). Therefore, it is their
case that the deceased poured kerosene on herself and set fire to herself
and committed suicide. It is their further case that while the first respon-
J
G dent, his brother and father were in the shop in the afternoon, they were
informed of the suicide committed by the deceased. By the time they came
home they saw some people bringing the dead body from the upstairs. They
also participated in bringing the dead body to the ground floor and kep~
the body on a slab of ice and informed PW.15 and others by telegram and
also the police. The police did not record his statement. The police took
H them into the custody on the same day and found that they did not commit
MULAKH RAJ v. SATISH KUMAR [RAMASWAMY, J.] 491
)- any crime. A
PW.1, the Doctor, who conducted post-mortem in hls evidence stated
that the deceased died due to asphyxia, as a result of strangulation, which
was ante-mortem and sufficient to cause death in the ordinary course of
nature. The burn injuries were 95 per cent on the entire body except on
the feet and that the burn injuries were post-mortem. The Sessions Judge
B
disbelieved the extra judicial confession spoken to by PW.15 and others.
The Sessions court accepted the evidence of PW.l, the doctor, and other
circumstantial evidence and found that Satish Kumar, husband of the
..._ deceased strangulated the deceased and the deceased was burnt to destroy
}. the evidence. Giving the benefit of doubt to the brother and the parents ofc
the respondent they were acquitted. The first respondent was found guilty
of murder and was convicted for the offence of murder under section 302
and for screening the evidence of murder, s. 201 IPC and was sentenced
to undergo rigorous imprisonment for life and one year respectively and
both the sentences were directed to run concurrently by the judgment
D
dated April 23, 1981.
The narrative of the facts clearly establishes that the young beautiful
lady, aged about 22 yeares, wh0 had intense and passionate love for the
first respondent yearning to have long and happy marital life was exter-
minated hardly one year and five months after the marriage. As per E
doctor's evidence, she died of asphyxia, as a resit of strangulation, and that
95 per cent burn post-mortem injuries were found over the dead body
exc~pt the feet. Admittedly this was done in the residential home of the
~
respondent. The crucial question whether the theory of suicide
propounded by the defence and as accepted by the High Court is true and F
believable. Undoubtedly this case hinges upon circumstantial evidence. It
., is trite to reiterate that in a case founded on circumstantial evidence, the
prosecution must prove all the circumstances connecting unbroken chain
' of links leading to only one inference that the accused committed the
crime. If any other reasonable hypothesis of the innocence of the accused
can be inferred from the proved circumstances, the accused would be G
entitled to the benefit. What is required is not the quantitative but qualita-
tive, reliable and probable circumstances to complete the chain connecting
the accused with the crime. If the conduct of the accused in relation to the
,~ crime comes into question the previous and subsequent conduct are also
relevant facts. Therefore, the absence of ordinary course of conduct of the H
492 SUPREME COURT REPORTS [1992] 2 S.C.R.
A accused and human probabilities of the case also would be relevant. The
court must weigh the evidence of the cumulative effect of the circumstances
....
and if it reaches the conclusion that the accused committed the crime, the
charge must be held proved and the conviction and sentence would follow.
The crucial question is whether medical evidence of the doctor is
B reliable and acceptable and whether death due to suicide is probable ? Due -,Tl
to 95% burns PW.1, the doctor, did not find any visible ligature marks on
the neck. Eyes were half closed. The mouth was closed. Blood stained forth
was coming from both the nostrils. Tongue was swollen and cynosed. On
dissection of neck there was infilteration of blood in the upper part of the _....
c neck in front below chin. On further dissection he found fracture on right
cornua of hyoid bone at the junction with its body and on opening the ""'
la~ and pharynx, he noted blood-stained forth in their cavities, they were
ante-mortem in nature. The stomach was empty. Peritoneum, organs of
...
generation plora, walls, ribs and cartilages were congested. The right side
of heart was full of dark blood. and left side contained scanty blood. Except
D
both the feet there were burns all over the body. There was no line of
redness. There were false vesicles at places such vesicles were containing
full of air, the base of which was yellow, dry and hard, nor red and coppery,
The burns were anti-mortem and it was 95 per cent. As stated earlier he
opined that the death was due to asphyxia by strangulation which was
E sufficient to cause death in the ordinary course of nature. He opined that
deceased must have been died on August 10, 1980 between 2.00 to 3.00
....
p.m. For suggestions given to the doctor by the defence counsel in the
cross-examination that if the deceased had sprinkled kerosene oil on her
and ~ad set fire and while in the agony if she runs hither and thither and ._,r
in that process if she fell in such a condition that her throat comes in
F
contact with a protruding part of the wall resulting constriction of the wind
pipe he categorically negatived that such a fall of the victim would cause
only partial constriction and it is not possible to cause fracture to the hyoid ~
•
bone. He further stated that the death could not be due lo suffocation. He
also ruled out the possibility that the hyoid bone is not likely to be fractured
G by fall against hard surface. He also stated that the burns were post-mor-
tern because there were no shoot present in the trachea or wind pipe. Thus
he positively rules out the theory of alternatives or suicide.
Let us consider whether the factual findings at the post-mortem '*·
H examination of the deceased and the evidence of Dr. Sher Singh is sup-
MULAiql RAJ v. SATISH KUMAR [RAMASWAMY, J.] 493
ported by medical jurisprudence. Taylor's Principles and Practice of Medical A
Jurisprudence, Thirteenth Edition 1984 by Keith Mant, Vol. I stated at p.
282 that asphyxia being a condition in which there is an inadequate supply
of oxygen to the tissues. It may be defined as a state in which the body
lacks oxygen because of some mechanical intereference with the process
of breathing. At p. 283 it was further stated that cyanosis indicates the blue
colour of the skin, mucous memberanes and of internal organs, notably
B
spleen, liver and kidneys. The capillary dilation that accompanies a reduc-
tion in oxygen tension promotes stasis and therefore a vicious cycle of
suboxygenation of the blood commences. The return of blood to the heart
-- is diminished. The resultant impaired oxygenation leads to further capillary
dilation, further stasis, with deepening cyanosis ..... Prabably results from a
combination of stasis and hypoxia. Fluid exudes into the tissue spaces.
C
At p. 286 it was also stated of the distinction between suffocation and
strangulation that conditions associated with mechanical asphyxia include
suffocation where the interference with the process of breathing is at the D
level of the nose or mouth; strangulation where there is compression of the
neck, either by (a) the human hand (manual strangulation or throttling);
(b) a ligature. In pararaph 6 he stated that in each of these categories the
obstructive process at the various level will. result in the development of
the symptoms and the signs associated with asphyxia previously described.
At p.287 of general features of asphyxia, it was stated that the head and E
• face may show intense congestion and cyanosis with numerous petechiae .
Blood exudes from the mouth and nose. Blood tinged frothy fluid is present
in air passages. Mucus may be found at the back of the mouth and throat.
- The lungs which are of particular interest, usually show in addition to
congestion of inter-alveolar capillaries, the presence of the oedema fluid F
in the alveoli, areas of haemorrhage and collapse with intervening em-
physema ...
Regarding post-mortem appearances in strangulation at p.305 it was
stated tJtat a careful search in suitable mortuary conditions will usually
reveal either external or internal evidence of the area where the constric- G
tion has occurred. At p. 306 the General Internal appearances, it is stated
that internally the air passages contain fine forth, often blood stained. The
lungs are congested with subpleural petechiae. Mycroscopically there is
usually intense interalveolar congestion with haemorrhages of varying size,
fluid in the alveoli, areas of collapse and intervening areas of ruptured H
494 SUPREME COURT REPORTS [1992] 2 S.C.R.
A alveoli. The air passages often contain large areas of desquamated
respiratory type epithelium, red blood cells and fluid. The remaining
organs show only congestive changes.
These conditions very because of the circumstances that the as-
sailants usually employ considerably more force than would appear to be
B necessary to ensure that death takes place. In general terms th~ mark of
the neck is usually of the same width as the constricting object and the
depth is about half its diameter. Regarding finger-nail marks it was stated
that in manual strangulation the marks of burising will be on the front or
sides of the neck, chiefly about the larynx and about it. Marks of pressure
c of fingers may, however be slight. The distribution of these marks when
present will vary with the circumstances, and factors which will affect it
include the relative position of the assailant and victim, the manner of
gripping the neck, being greater if the grip is shifted or has been reapplied
if the victim struggles, and the degree of pressure. The solid tissues of the
D neck are of extreme importance in cases of suspected strangulation. The
solid structures comprise the hyoid bone and the cartilages forming the
larynx. If the body is found to have died with marks on the neck which
indicate manual strangulation and this is subsequently confirmed in the
mortuary and laboratory the case must be regarded as a killing by another
person. It is inconceivable that anyone could die from compression of the
E neck by his own hand because loss of consciousness would cause relaxation
of the constricting fingures.
In Gradwoh/'s Medicine, Second Edition in Chapter 18 under the
caption Interpretation of Post-Mortem Appearances in Death from
F Respiratory Obstruction and Compression of the Neck, at p. 336 it was
stated that Systemic and pulmonary congestion and dilatation of the heart
are classically described as signs of an asphyxia) death. At p. 337 regarding
-
hyoid bone it was stated th~t two mechanisms have been suggested in which
.the hyoid bone may be fractured : from direct lateral compression and from J
indirect violence. Direct lateral compression is one mechanism, in manual
G strangulation, when pressure is applied under the angles of the jaw.
Medical Jurispmdence by Raju & Jhala in Chapter XXV death from
asphyxia and death from drowning at p.226 stated that tlie heart in as-
phyxia, specifically right chambers, is always found full of dark venous "'-.
H blood. This is important to note as usually with death, blood disappears
MULAKH RAJ v. SATISH KUMAR (RAMASWAMY, J.] 495
. from the heart. The venous system of circulation, because of back pressure, A
is always found distended with blood. The blood in heart and veins is not
only dark blue but also liquid and remains liquid.... The internal organs
and mucous membrane also present the general signs of congestion ......
This congestion has to be looked for and has to be found in all cases of
genuine asphyxia.
B
• In Medical jurisprudence and Toxicology, 13th Edn. by Modi at
p.155 it was stated that in the case of constriction occurring at the end of
expiration the lungs are congested, oedematous and exude' bloody serum
--- ,...
on being cut, but are pale if constriction occurred at .the end of inspira-
tion.... The right side of the heart, the pulmonary artery and venae and
cavae are full of dark fluid blood, ana the left side is empty. The abdominal
c
organs are usually congested. The brain is usually normal, it may be pale
or congested according to the mode of death. For symptoms at p.158 it was
pointed out that if the wind pipe is compressed so suddenly as to occlude
the passage of air altogether, the individual is rendered powerless to call
for assistance, becomes insensible and dies instantly. If the windpipe is not
D
completely closed, the face becomes cyanosed, bleeding occurs from the
mouth, nostrils and ears, the hands are clenched and convlusions precede
death. As in hanging, insensibility is very rapid, and death is quite painless.
Regarding appearances on the neck he stated at p.159 that if the fingers
are used (throttling) marks of pressure by the thumb and fingers are usually E
found on either side of the windpipe .... At p. 161, appearances due to
asphyxia it was stated that the face is swollen and cyanosed, and marked
with petechiae. The eyes are prominent and open. In some cases they may
- be closed. The conjunctive are congested, and the pupils are dilated. The
lips are blue. Bloody foam escapes from the mouth and nostrils, and
sometimes pure blood issues from the mouth, nose and ears, especially if
F
great violence has been used. Regarding internal appearances he stated
that the cornua of the hyoid bone may be fractured, also the cornau of
\ thyroid cartilage 'but fracture of the cervical vertebrae is extremely rare.
The liver may show cloudy swelling and necrosis of the cells, if death has
been delayed. The kidneys may show signs of nephritis, .and on section the G
straight tubules may be filled with debris of the blood corpuscles giving the
appearances of reddish-brown markings.
~ Regarding the distinction between anti-mortem and post-mortem
hums, he pointed out the lines of redness, of vasication and reparative H
496 SUPREME COURT REPORTS (1992] 2 S.C.R.
A processes as distinctive features. He elaborated the same later. A reading
of it gives the distinction and would.be concluded thus: "f
1. Ante-mortem burn injuries are characterised by the presence of
burnt caroon particles (soot) in the trachea which is absent in the case of
. post-mortem burn injuries.
B
2. Carbodyhaemoglobin is present in the heartblood in ante-mortem ""'-
burning which is absent in case of post-mortem burning.
3; Ante-mortem burns are usually red owing to the tendency of the
c system to rush blood towards the injured parts for repairs, which is
distiitctly different from post-mortem burns which are hard and yellowish
in colour.
-
4. Blisters are prominently present in ante-mortem burns. Some •
blisters may appear in post-mortem burns, but there are distinctly different
D from ante mortem burns, where blisters are full of protein rich fluid that
contains a substantial amount of white cells, caused by the tendency of the
system to rush in white cells to fight against infection. The presence of
protein is so high that it becomes solid on heating. Post-mortem blisters
hardly contain any protein in their fluid and whatever fluid is contained
E has so little protein that on heating only a faint opalescence is seen. The
fluid in post-mortem blisters does not contain any white blood cells.
5. In ante-mortem burns, reparative enzymes are present in the
vicinity of burnt areas as the reparative enzymes would try to repair the
burnt areas. Their presence could also be used for predicting the time since
F the person was burnt. Various enzymes appear at the following time :
(a) Enzyme esterase - 30 minutes. (b) Leucine aminopeptidase - 2
hours approx. (c) Acid Phosphatase - 3 hours approx. (d) Alkaline Phos-
phatase - 6 hours. Reparative enzymes are not detected in post-mortem ~1
G bilrns.
6. Signs of infection in a burn injury only lead to the conclusion that
the burn injury is anti-mortem in nature .as there cannot be infection in a
post-mortem burn injury, only putrefaction. Since infection occurs roughly
36 hours after the burn, one can easily predict the time since the burn ~
H injuries occurred.
MULAKH RAJ v. SATISH KUMAR [RAMASWAMY, J.J 497
In H. W. ~COX'S Medical jurisprudence and Toxicology by Dr. Bernard A
Knight, 5th Edn. in Chapter 1 at p: W7 is was stated that strangulation is
again a term which is not exact -in itself, as there are several types of
strangulation, mainly mannual strangulation and strangulation by a ligature.
Though both these are similar, there are certain differences which are
reflected in the pathological findings. Strangulation is not by any means the
same thing as asphyxia : in fact, a better name would be 'pressure on the
B
neck', which is used as an alternative description by some pathologists.
Regarding manual strangulation and the length of time required to cause
death at p.213 it is stated that the length of time for which pressure on the
neck must be maintained to cause death is very variable, from zero seconds
to several minutes. The statement regarding length of time he stated that C
no dogmatic statement of time of two minutes or three minutes can be
made. It is of little practical value as unless a witness is present, there is
never any way of derermining such times. If, however, there is physical
evidence of pressure on the neck from bruises and haemorrhage, but no
congestion whatsoever, then it is certain that death was relatively rapid D
before thes6 classical signs appeared, due to reflex cardiac arrest. Where
death is due to cerebral anoxia from compression of carotid vessels, then
there is usually cyanosis and congestion due to simultaneous blockage of
the jugular venous system, though ignorance of time factors make this
statement of little practical value. In Taylor's Medical Jurisprudence it was
· stated at p.282 that the amount of pulmonary oedema can be used to E
estimate the time interval between injury and death. In practice it is seldom
of value as it is common experience that the changes described can develop
with great rapidity when a patient dies after choking. At p.285, asphyxia by
violence, it is stated that if the breathing is interfered with for a sufficient
period of time unconsciousness and death will supervene.
F
The contention of Sri U .R. Lalit that the palms were not clenched
and the eyes did not protrude but were half closed, the mouth was closed
and tounge was not protruding, the duration of death of 5 to 10 minutes
as opined by the doctor and in the case of death by strangulation, the death
would be instant and that, therefore, it is not a case of strangulation but G
suicide does not cast any doubt on the cause of death. Above study of
medical jurisprudence establishes that the symptOlllS found at post-mortem
are not uniform but variable depending on the compression as employed
on the neck and duration. It would be an inferential fact since direct
evidence would rarely be available. The discussion of the medical H
498 SUPREME COURT REPORTS [1992) 2 S.C.R.
A jurisprudence conclusively establishes that all the symptoms found on the
dead body of Shashi Bala unmistakeably show that her death was due to
pressure on the neck and the findings at the post-mortem examination
recorded by the doctor and the evidence of Dr. Sher Singh, PW-1, are
consistent with medical jurisprudence. The duration of death also depends
on the mode of pressure employed and the circumstances in which con-
B stric;ition was done. Doctor's evidence is clear, cogent and convincing in
his findings that the death was due to asphyxia and not due to suicide. We
place on record that Dr. Sher Singh had meticulously done an expert and
excellent autopsy with grasp of medical jurisprudence to establish, without
any shadow of doubt, of the cause of death of Shashi Bala as asphyxia.
c
Realising this unsurmountable difficulty concerted attempt was made
to sling mud and cloud of doubt o.n the unimpeachable evidence of Dr.
Sher Singh. Who would be benefitted by a complaint against the doctor ?
The prosecution is not interested since his autopsy report is completely in
L) its favour. PW.15 or anybody on his behalf is not interested to make any
allegation against PW-1. It is the accused that would be benefitted and so
a false complaint of demand of illegal gratification was fabricated which
was rightly thrown out. The further suggestion that some unknown Doctor
along with PW-15 brought pressure on PW.1 to give fabricated autopsy
report is a desperate one. We accept the evidence of PW.1, Dr. Sher Singh
E as truthful, reliable and acceptable. From his evidence it is now conclusive-
ly established that the death was due to constriction (asphyxia) and that a
deliberate attempt was made to destroy the evidence of death by pouring
kerosene on the dead body and buring the dead body extensively of 95 per
F
cent. We find that the High Court committed palpable illegality in accept-
ing the defence version to doubt the evidence of Dr. Sher Singh. The death
was, therefore, homicide and not suicide.
--
The question then is, who is the author of the murder ? The conten-
tion of Sri Lalit is that the respondent had no motive and the High Court
J
found as a fact that the evidence is not sufficient to establish motive. The
G case is based on circumstantial evidence and motive being absent, the
prosecution failed to establish this important link in the chain of cir-
cumstances to connect the accused. We find no force in the contention.
Undoubtedly in cases of circumstantial evidences motive bears important
significance. Motive always locks up in the mind of the accused and some
H time it is difficult to unlock. People do not act wholly without motive. The
MULAKH RAT v. SATISH KUMAR [RAMASWAMY, J.) 499
failure to discover the motive of an offence does not signify its non-exist- A
t- ence. The failure to prove motive is not fatal as a matter of law. Proof of
motive is never an indispensable for conviction. When facts are clear it is
immaterial that no motive has been proved. Therefore, absence of proof
of motive does not break the link in the chain of circumstances connecting
the accused with the crime, nor militates against the prosecution case. The
question, therefore, is whether Satish Kumar alone committed the offence
B
of murder of his wife ? In this regard Sri Lalit pressed into service the
evidence of DW. 4, the uncle of the respondent who stated that the 1st
respondent, his brother and father were in the shop at the relevant time
and that the respondent also stated so in his statement under section 313
~
~
C.P.C. This evidence clearly establishes that the respondent was not at c
home when the occurrence had taken place. This evidence has to be
considered in the light of the attending circumstances and the conduct of
• Satish Kumar. It is established from the evidence that the deceased and
the first respondent alone were living in the upstair's room. The occurrence
took place in the broad day time in their bed room. The deceased at that
D
time was having three months old· child. What had happened to the child
at the time when the ghastly occurrence had taken place is anybody's guess.
Nor.nally three months child would be in the lap of the mother unless
somebody takes into his/her laps for play. It is not the case. It would be
probable that after the murder, the child must have been taken out and the
dead body was burnt after pouring kerosene and Htting fire. Therefore, the E
one who committed the offence must have removed the child' later from
the room. Acimittedly the day of occurrence is a Sunday and that too in
the afternoon. Therefore, the shops must have been closed. DW-2, Post
-- Office Superintendent, examined by the defence, categorically admitted
that the handwritting of all the four telegrams was of the same person.
Satish Kumar admitted that he issued two telegrams including the one to
PW-15 and the two were issued by his father. Therefore, four telegrams
F
were issued by the 1st respondent alone. When the wife was practically
~ charged to death an innocent and compassionate husband would be in a
state of shock and would not move from the bed-side of the deceased wife
. and others would attend to inform the relations. It is also his case that he G
phoned to the police station and informed of the occurrence. Evidence is
other way about. An attempt was made to have the matter compromised,
but failed. Thereafter they were found to be absconding. The evidence of
DW-4 (maternal uncle) that the 1st respondent was in the shop thus gets
H
500 SUPREME COURT REPORTS [1992] 2 S.C.R.
A falsified and his is a burgered evidence. This false plea is a relevent
circumstance which militates against his innocence. The death took place
on the bed room of the spouse and the attempt to destroy the evidence of
murder by buring the dead body; the unnatural conduct of Satish Kumar,
--
immediately after the occurrence; the false pleas of suicide and absence
from house are telling material relevant circumstances which would com-
B lete the chain of circumstantial evidence leading to only one conclusion
that Satish Kumar alone committed the ghastly offence of murder of his
wife, Shashi Bala.
It is true as contended by Sri Lalit that Satish Kumar must have
c married the deceased as she was extremely pretty and that the letter written
by her would establish cordiality and love between them. The deceased
~ ----
obviously appears to have written that undated letter expressing her
profuse love for the husband at the beginning of their marital life without
knowing the true colours of the husband. It is true that the torn pieces of
•
D the letter would indicate that she contemplated to commit suicide. Ob-
viously it was due to being unable to bear with the mental torture brought
upon her. She accordingly must have written but later she must have
changed her mind seeing the tender son in her arms and not to make him
to lose mother's care and affection. That would clearly show that she was
not being treated well. Far from being helpful this circumstance also is in
E favour of the prosecution and agai~st the husband showing that the
deceased was subjected to cruelty. The contention that the first respondent
was not the author of the crime does not inspire us to give credence. The
further contention that no neighbour was examined by the investigation
officer as they were not prepared to falsely implicate him and it would be _.,..,.
F viewed against the prosecution is without any substance. The investigating
officer in his. evidence clearly stated that he contacted all the neighbours
but they were not prepared to give their statements. Therefore, the inves-
tigation officer was helpless in collecting the evidence from the. neighbours. )
It is not an insurance that be was innocent. The further contention that the
delay in filing F.I.R. is fatal to the prosecution is without any substance.
G Admittedly PW.15 was residing in Sasuna of Haryana State. On receipt of --
the telegram he rushed to the place and immediately on seeing the dead
body he sent for his relations. After they come to the scene the F.I.R. was
lodged on the next day. The delay in lodging F~l.R. is of little significance. ·
We have the evidence of PWs-15 and 9, which of the motive was found to
H be shaky by the High Court and for the reasoning given it might appear to "·-
... MULAKH RAJ v. SATISH KUMAR [RAMASWAMY, J.] 501
be probable. In those circumstances the animation by the in-laws and A
brother-in-law to be a privy to the ghastly murder cannot be positively
concluded. Undoubtedly the father, mother and brother might be present.
They or someone amongst them might have facilitated Satish Kumar to
screen the evidence of murder. Suspicion is not a substitute for proof. No
proof beyond doubt is forthcoming. Under these circumstances on the facts
of this case we hold that their acquittal is right. The High Court did not B
consider the evidence in proper perspective. The order of acquittal of
Satish Kumar is set aside. He is convicted for the offence of murder of his
wife Shashi Bala, punishable under s. 302 l.P.C. and is sentenced to
undergo rigorous imprisonment for life. He is convicted under s.201 I.P.C.
and sentenced to undergo R.I. for one year and both the sentences would C
run concurrently.
The judgment and order of acquittal of Satish Kumar by the High
Court in Crl. Appeal No. 281/81 is set aside and judgment and order in
Crl. Appeal No. 528/81 is confirmed. The judgment, conviction and sen-
tences of Satish Kumar and acquittal of others in Sessions Case No.159/80 D
and Sessions Trial No. 85/80 dated April 23, 1981 by the Sessions Court at
Hisar is restored. The appeals are accordingly allowed as against Satish
..
Kumar and dismissed as against other three respondents.
N.P.V. Appeals partly allowed.
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