Supreme Court of India
STATE OF U.P.versusDR. RAVINDRA PRAKASH MITTAL
- Citation
- 1992 INSC 129
- Decided
- 28 April 1992
- Disposal
- Appeal(s) allowed
- Bench
- S RATNAVEL PANDIAN
Holding
The Supreme Court held that the totality of circumstantial evidence conclusively proved the guilt of the accused, rendering the High Court’s acquittal erroneous and justifying the restoration of the conviction.
Summary
The State of Uttar Pradesh appealed the acquittal of Dr. Ravindra Prakash Mittal, who was charged with murdering his second wife and attempting to conceal the crime by burning her body. The trial court had convicted him under Sections 302 and 201 of the IPC based on a chain of circumstantial evidence, but the Allahabad High Court set aside the conviction, accepting the accused’s claim of suicide. The Supreme Court examined whether the circumstantial evidence—motive, exclusive use of the bedroom, presence at the scene, medical autopsy findings of strangulation, and the accused’s false alibi—met the legal requirements to exclude reasonable doubt. It also considered whether the delay in disposing of the appeal could bar interference. The Court held that the evidence satisfied all the essential ingredients of circumstantial proof, the High Court’s reasoning was erroneous, and the delay was not a bar to justice. Consequently, the Supreme Court set aside the acquittal, restored the trial court’s conviction, and ordered life imprisonment with a concurrent three‑year rigorous imprisonment.
Issues considered
- Whether the cumulative circumstantial evidence established a chain sufficient to convict the accused of murder and evidence tampering under Sections 302 and 201 IPC.
- Whether the High Court erred in acquitting the accused despite the presence of motive, opportunity, and medical findings indicating homicide.
- Whether the accused’s alibi defense is credible in light of eyewitness testimony placing him at the scene.
- Whether the delay in disposing of the appeal constitutes a ground to refrain from interfering with the High Court’s judgment.
- Whether the medical evidence supports a conclusion of homicide rather than suicide.
Legislation cited
- Indian Penal Code, 1860s. 201, s. 302
Subjects
circumstantial evidencemurderIPC 302IPC 201alibimedical jurisprudenceappealconvictionacquittaldelay in appealjusticehomicidesuicide
Judgment
STATE OF U.P. A
v.
DR. RAVINDRA PRAKASH MITTAL
APRIL 28, 1992
[S. RATNAVEL PANDIAN AND M. FATHIMA BEEVI, JJ.] B
II
Penal Code, J8(j()-Sections 302, 201-Appeal against acquittal by High
Court-Circumstantial evidence-Ingredients-Links of chain of circumstan-
ces established-Offences proved.
c
- Penal Code, J8(j()-Sections 302, 201-Conviction of accused by Trial
f Court-Acquittal by High Court-Appeal against High Court's judgment suf-
fering from illegality-Delay in disposal of appeal-Whether a ground for
+...-- non-inteiference of the findings of High Court.
The prosecutions's case was that the accused-respondent was a D
private medical practitioner and the deceased was his second wife. He
married her on 30.7.1971, when his first marriage was dissolved by an ex
parte decree in a suit for dissolution filed by his first wife.
The respondent. and his widowed mother and his two married E
brothers and one unmarried younger brother were living under a common
roof having common mess, butin separate rooms in the first Door ortbeir
T house.
The accused was a chronic alcoholic addict and he was having a large
circle of friends. He used to come to his house in odd hours in drunken F
state. This was resented by his wife, the deceased. She insisted the accused
to return home early. On account of this, there were frequent quarrels
between them. Accused, disliking bis wife's interference in his private
affairs, even started suspecting the fidelity of bis wife. It was said that the
accused had on more than one occasion unleashed threats to shoot and G
kill the deceased.
On the night of 11.10.1971 the accused and the deceased took their
bed inside their room. On the next morning, on seeing smoke ollt of the
bed room of the accused, a large number of people gathered at the house
of the accused. H
815
816
J
SUPREME COURT REPORTS [199'2] 2 S.C.R.
A At about 7.30 a.m., PW-2 and another, the two brothers of the _>.-
deceased arrived there With 'Ahoi Bayna' in baskets. Seeing the crowd in
front of accused house, they entertained a sospidon. When they wre told
dlat .-.e a,t'usecl's wife~&. set fire to herself,. throwing the 'Bayna' baskets
· in the courtyard, th9- \Vent up to the first Door and saw the dead body of
their sister lying OD the Door with extensive burns all over her body. When
B they confronted the accused, the accused told them that when be had gone
~
tO" th~ latrine in the early morning, the deceased committed suidde, for no
visible reason. The deceased's brothers did not believe the version of the
c
accused. They shouted that the- accused murdered their sister. While they.
were quarrelling, PW-4, a Head Constable came to the scene found the
accused standing in his night-gown. P.W.4 was informed by the accused
that the deceased had bumt herself.
~
-
The S.P.(PW-3) was informed over telephone by the accused that his ~
wife committed suicide and he instructed the accused to inform the local
police. He come to the scene at about 9.15 a.m., after directing the local
D police to come to the scene. After inspection, the S.P. left, giving instruc·
tions to the Investigating Officer.
The Investigating Officer (PW-4) examined the inmates of the house
and made an entry in the General Diary and registered a case against tl,le
E accused~
-~
The accused was charged u/ss.302 and 201, IPC for the committing
the murder or his wife and for causing the evidence of the offence or murder
F
to disappear with an intention of screening himself from legal punishment,
by burning the dead body by sprinkling kerosene oil.
The Trial Court convicted the accused-respondent u/ss.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 were to run concurrently.
"-·I
.G
The High Court allowed the appeal and acquitted the accused-
respondent.
Against the acquittal passed by the High Court, the present appeal
was directed by the State, contending that the cumulative effect of all the·; .J...-..
1H pieces of circums.tantial evidence brought on record by the prosecutioni
I
STATE v. DR. MITI'AL 817
justified the conviction or the respondent. A
The respondent submitted that the circumstances relied upon by t:Jie
prosecution were not clinching the issue; that the presence of the respon·
dent at. the scene house at the time of the occurrence was disproved by
CWs-1 and 2 and also by the evidence Qf PWs-6 and 9 did not support die
prosecution case; that iQ the early ~i.ul'$··or 12.10.1971 he at the reques't of · B
PW-9 paid a visit to one Sbashi's house as the latter was suffering from
some ailments and he returned at about ~.45 or 8.00 a.m. to his house and
.came to know about the incident; that the brothers of the dec~sed came
to his house only at 11.15 a.m. and' that too on his telephonic information
to them; that the deceased hers.~it had created a hell of her own iD the C
I- family and ultimately committed suicide by pouring kerosene on her and
setting fire; that on the advice and prescription given by a Doctor, the
deceased was put on medicine containing barbiturates, the traces of which
were found in her visra; that the symptoms found by PW-1, the Medical
Officer were not in support of the conclusion arrived at by PW-1, whose
opinion was only attributable to his inexperience or negligence; that t1'e D
bones could have been fractured due to excess heat and the death could
have been on account of she«;k due to the bum injuries; that the cause of
death could not have been due to strangulation, but it was due to suici4e
by pouring kerosene and setting herself on fire and the fractures of the
bones and other symptoms found on the body should have been due to the E
intensity of the heat and that the evidence of PW-1 supporting the prosec"·
tion version should not be accepted, as the Medical Officer gave false
e\oidence on account of some heated exchanges between him and PW-1 over
an election held among the medicos which took place about 2 or 3 da~
before occurrence;
F
Allowing the appeal of the State, this Court,
-.....- HELD: 1.01. There is no direct evidence to connect the respondent
with this offence of murder and the prosecution entirely rests its case on
circumstantial evidence. [827 C] G
1.02. The essential ingredients to prove guilt of an accused person
by circumstantial evidence are:
(1) the circumstances from which the conclusion is drawn should
be fully proved; H
1:1
818 SUPREME COURT REPORTS [1992] 2 S.C.R.
A .(2) the circumstances should be conclusive in nature; ~
(3) all the facts so established should be consistent only with the
hypothesis or (!Uilt and inconsistent with innocence;
(4) the circumstances should, to a moral certainty, exclude the
B possibility or guilt of any person other than the accused.
(827 D·F]
1.03. The circumstanees which are established as having closely
-
linked up with one a~ther are as follows:
c (1) The motive for the occurrence.
~
(2) Th~ room in which this tragic and pathetic incident took place
was in the exclusive possession and occupation or the respon- -I
dent and the deceased.
D (3) The occurrence had happened in the wee hours or 12th October
1971 when nobody would have got an ingress into the r:oom
wherein the husband and wife admittedly slepL
(4) The evidence of PW-2, swearing that the respondent was found
in the scene house at 7.15 a.m.
E
(5) The presence of the respondent inside the room wearing night· ~
gown when PW-4 went to the scene room.
(6) The position or the dead body lying on the ground within a cot
frame with extensive bums except on the back and lumbar
F regions.
(7) The presence of the traditional external visible features of
strangulation as well as the internal injuries establish the use ?"'""
of violence.
' ._
G
(8) The positive opinion of PW-1 who conducted the autopsy on
the dead body or the deceased, stating that the death was due
to strangulation and the bums were post mortem.
(9) False plea of alibi and the conduct of the respondent feigning A
H innocence.
STATE~DR.MITTAL 819
(10) The intrinsic value of the inviolable and impregnable evidence A
-
let in by the prosecution completely and conclusively estab-
lishing the links of the entire chain of circumstances as a whole
and not in fragments proving the guilt of the respondent/~c- ·
cosed. (828 B-H]
B
1.04. 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 i~
pugned order of acquittal on erroneous and incredulous reasons~
...... (835 G-H]
c
f Rama Nand v. State of Himach,al Pradesh, (1981] 1 SCC 511; Gambir
v. State of Maharashtra, [1982] · 2 ·sec 351; Earabhadrappa v. State of
Kamataka, (1983] 2 SCC 330; Ram Avtar v. State of Delhi Administration,
[19851. (Supp.) SCC 410 and Chandra Mohan Tiwari v. State of Madhya
Pradesh, JT (1992) 1 SC 258, followed.
D
Modi's Medical Jurisprudence and Toxicology, 21st Edition at page 23;
Taylor's Principles and Practice of Medical Jurisprudence, referred to.
2.01. The plea of the respondent that since the occurrence took place
in the year 1971 and that more than 14 years have now elapsed since the E
r delivery of the judgment by the High Court in October 1977, this ·court be
pleased not to disturb the finding the acquittal at this length of time 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, is fervent andinexorable.
(836 A-B] F
2.02. If the High Court's judgment of acquittal reversing the well
reasoned judgment of the Trial Court, convicting the respondent is af-
firmed, it will be nothing but a mockery of justice and will also amount to
perpetration of gross and irreparable injustice. Moreover, when a judg-
ment appealed against, suffers from illegality or manifest error or perver- G
sity, warranting an interference at the bands of an Appellate Court in the
interest of justice on substantial and compelling reasons, the mere delay
in the disposal of the appeal will never serve as a ground for non-inter-
ference and on the other hand, the Appellate Court is duty bound to set
at naught the miscarriage of justice. (836 C-D] H
820 · SUPREME COURT REPORTS (1992] 2 S.C.R.-
A CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. >--.
-
124 of .1979.
From the Judgment and Order dated 11.10.1977 of the Allahabad
High Court in Criminal Appeal No. 2;370 of 1972.
B R.K. Singh and A.S. Pundir for the· Appellant.
~-
R.L. Kohli and J.M. Khanna for the Respondent.
The Judgment of the Court was delivered by
c S. RATNAVEL PANDIAN, J. This appeal is preferred by the State
.......
of U.P. on being aggrieved-by tbe judgment dated 11.10.1977 rendered by A~
the High Court of Allahabad in Criminal Appeal No.2370 of 1972 whereby
the High Court has allowed the appeal, preferred by the respondent/ac- -I
cused, namely, Dr. Ravindra Prakash Mittal.
D The respondent took his trial on the allegations that on the interven-
ing night of 11/12th October 1971 inside the house in Mohalla Moreganj
Police Station Kotwali, Saharanpur committed the murder of his wife Smt. ·
Kamlesh; ·burnt the dead body by sprinkling the kerosene oil and thereby
caused the evid~nce of the offence of murder to disappear with an inten-
tion of screening himself from legal punishment. On the above allegations,
E · he stood charged under two ~eads, that is under Sections 302 and 201 IPC.
Adumberated in brief, the facts of the prosecution case can be
summarised as follows:
The respondent Dr. Ravindra Prakash Mittal aged about 29 years in
F 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 disso.lution filed by the wife. The respondent thereafter married on
30th July1971 th~ deceased Smt. Kamlesh, aged about 20 ye~s who was
a .r.e5ident of lagadhri. The family of the respondent consisted of his
· wi~oWed niqth¢r Smt. Darshnadevi (CW-1), and three brothers, namely,
G
Bhupendra Prakash (CW-2), Narendra Prakash and Vrrendra Prakash, of
whom the first two brothers were married while Virendra Prakash was
unmarried. It is stated that his father had died of heart ~ttack a few months
-
. before his second marriage. They all lived under cominon roof, having
oo~on mess but in separate rooms in the first floor of their house with
H ~their,.·'respective wives and children.
.
Smt. Darshnadevi and her younger son·
STATE v. DR. MITTAL [PANDIAN, J.J 821
Virendra Prakash had occupied a separate room. The respondent had his A
clinic in the ground floor. PW-6, by name, Mohd. Aslam alias Chini was
'""" working as a Compounder in the clinic, occasionally doing domestic wm:k.
Smt. Kamlesh had two brothers, by name, Mamchand and Suresh
Chand (PW-2). Her elder sister's husband is one Nagesh Agarwal (PW-1). B
It transpires from the evidence that after her mother's death she had mostly
lived in her elder sister's house till her marriage. After the marriage, sl,e
visited her parents and brother-in-law twiee 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
I
some time after the marriage the relationship between the deceased and c
the respondent became strained. It is said that the respondent had on mo~e
' 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
inorning the dead body of the deceased Smt. Kamlesh smelling of kerosene D
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. Kamlesb had committed suicide. PW-3 asked the respondent to E
r infonn the local police and told that be 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 K.otwali. 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 F
in<?ident. 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 bums. The Sub
--.or
.,... Inspector of Police, Ganga Ram Nagar (PW-10) in whose presence the
tefophonic message from PW-4 had been received at Kotwali, immediately
proceeded to the scene accompanied by another S.I. Asthan and Inspector G
"'-·
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 H
SUPREME COURTREPORTS [1992} 2 S.C.R.
A 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
B (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 sniall 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
C 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 kerose~e oil tin
D 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
E 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.
PW-1, the Medical Officer attached to the District Hospital,
F Saharanpur, conducted necropsy on the dea,j body of the deceased on the
following day i.e. 13.10.1971. The dead body with blaclcening 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 examinaton, the
G 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 the fracture. On the right side of
the neck there was clotted blood in an area of 4 cm. x 3 cm. and the
H muscles at that place were lacerated. The larynx and trachea arid both the
STAIB v. DR. MITI'AL [PANDIAN, J.] 823
lungs were all congested and they contained dark fluid blood. The inner A
.J, 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
B
,.
~ that this opinion is subject to a margin of 2 to 4 hours on either side. He
gave a supplementary report, stating th~t the fractures of the bones were
ante-mortem but the burns were.post-mortem. The supplementary report
- f
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.
c
).- 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 investigatfon
D
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 complet-
illg the investigation the charge sheet (Ext. Ka-33) was laid.
E
r The respondent denied his complicity with the offence in question and
gave a lengthy statement. According to him, he was having cordial relation-
. ship 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 occur-
rence he, leaving his wife in the kitchen, went outside to examine a patient F
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.
~
There is no direct evidence to prove to charges levelle<;I against the ·
respondent and the prosecution endeavours to establish the· guilt of the G
respondent only on the circumstantial evidence - both oral and documen-
tary. 14 witnesses were examined on the side of the prosecution of whom
PW-6 (the Compounder) and PW-9 (Jageshwar) were aeclared as hostile
witnesses. In addition to the prosecution witnesse~ the Trial Court ex-
amined the mother· and a brother of the respondent as Court Witnesses 1 H
824 SUPREME COURT REPORTS [1992] 2 S.C.R.
A and 2. The substance of the evidence oft.he 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 repondent was not in the
house in the early morning. The Trial Court. after analysing the evidence
in extenso found thus:
B "In any 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 ihem cannot, therefore,
c
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·
D that the possibility of anyone else committing the murder can
on the established facts and circumstances, be reasonably ex-
cluded in this case ......................................................................•
In the circumstances, the chain of evidence, to my mind, can
E be considered to be so complete against mm
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 fmdings, the Trial Court convicted the
F 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.
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
gi!nvic;tion and sentences awarded by the Trial Court and acquitted the
respondent holding that:
"The prosecution has, therefore, not been able to establish the
H chain of circumstances. The circumstances as proved are not
STA1E v. DR. MHTAL [PANDl.AN, J.] 825
mcompatible with the innocence of the appellant." A
-....J\
The present appeal is directed by the State on being aggrieved with
the judgment ·of the High Court.
Before adverting to the rival contentions, adduced by th~ respective
parties, we shall give a prelude to this incidence which in our opinion has :S
--{ become necessary to narrate since it serves· as a strong motive for this '
heinous crime executed in an extremely cruel manner. ·
The father of the deceased had married thrice. His third wife was
the deceased's mother, who died about 4 years before the occurrenfo. The C
deceased's father was working at Karatpur Sahab in Punjab. The
deceased's sister Urmila is given in marriage to PW-7 and she had two
brothers, namely, PW-2 and Mamchand. As Urmila had loved. the
deceased, Kamlesh, too much she brought Kamlesh with her while Kamlesh
was 10 years old and educated her. At that time, the parents of the
deceased were in Calcutta. D
The respondent previously married one Mithlesh, daughter of ~ne ·
Ram Kishan, resident of Shain.all. 'This marital tie .did ·not serve long and
ended in a divorce. The respondent married· the deceased Kamlesh on
30.7.1971 and the marriage was celebrated in the house of PW-7 at Jagad- E
.- hari; After the marriage, the deceased Kamlesh was living with her hus-
r band, respondent, occupying a separate room in the first floor of their
house allotted to them.
The respondent, .his widowed mother and three brothers were all
living under a common roof having common mess. It is stafed by PW-2 F
that the respondent was a chronic alcoholic addict and used to come to his
house in odd hours in drunken mood. The respondent was· also having a
large circle of friends inclusive ,6f one Mahesh Goyal, an En:gi.neer with
~··
whom he used to spend his evenings: This was resented by the deceased
\
who insisted the respondent to return home 'early. On account of this, there G
used to be frequent quarrels between the spouses.
PW-5, who is an independent and disinterested witness has testified
to the· fact that while he was in service_· as--a bearer in "Victoria Bar a~
Saharanpur serving liquor to the customers, he had seen the res1>9ndent ·
often visiting that bar and taking wine. He further states that on the. H
826 SUPREME COURT REPORTS (1992] 2 S.C.R.
A previous night, that is oil the· night of 11th October 1971 the respondent ~-
came to the Bar at about 8 or. 9 p.m. and was there for half an hour drinking
wine served by him and on the next early morning he heard about the
occurrence. It is the evidence of PW-7 that after the marriage, the deceased
used to visit his house and also sent letters. As per the evidence of PWs 2
and 7 some time after the marriage, the relationship between the deceased
B and the respondent became strained and discordant and on account of
~-
that, the deceased was separately cooking her food on being compelled by
the respondent.
c
The prosecution has marked two letters written by the deceased Exts.
Ka-3 and Ka-4. dated 18.9.71 and 19.9.71 through PW-i. In both these
letters, the deceased had given a brief note of the circumstances which
ultimately led to her death stating that the respondent used to come to the
-
~
house in odd hours in sozzled condition and threaten her life; that she -I
woufd not resort to do anything to her life whatever the harassment might
be at the hands of her husband and that if at all anything wol,ld happen to
D
her life, it would be only at the hands of her husband. Of the two letters,
Ext. Ka-3 was addressed to PW-2 and Ext. Ka-4 was addressed to PW-7.
Besides, the respondent disliking the interference of his wife in his private
activities and affairs, went to the extent of even suspecting the fidelity of
. his wife.
E
It was only in the above tragic circumstances, this shocking and ~
horrifying incident took place in the wee hours of 12th October 1971.
Admittedly, on the night of 11.10.1971 both the husband and wife (i.e. the
respondent and the deceased) took their bed inside the room, allotted to _.
F them in tht< first floor of the house. On the next morning, on seeing smoke
coming out of the bed room in the scene house a large number of
neighbours and passers-by had gathered at the scene house. At about 7.30
a.m. PW-2 and his brother Mamchand arrived there with 'Ahoi Bayna' in
~
baskets from Jagadhri. PW-2 and his brother on seeing the crowd in the
courtyard entertained a suspicion. They were told that the respondent's
G wife had set fire to herself. Thereupon PW-2 and his brother threw the
'bayna' in the courtyard, went up to the first floor and found the respondent
standing inside the room and the dead body of their sister lying on the floor
with extensive burns all over her body.. When they confronted the respon- ,_
dent as to what had happened, the respondent stated that they both had ~
'.H slept well on the previous night and that when he had gone to the latrine
STATE v. DR. MITTAL [PANDIAN, J.] 827
in the early morning, the deceased had committed suicide for no visible A
........(
\ reason and that she by such act not only ruined herself but also spoiled his
life. PW-2 and his brother did not believe the version of the respondent
·and shouted that the respondent had killed their sister. A quarrel ensued
between them. By that time PW-4 who came to the u~~tairs found the
respondent standing in his night-gown; PW-4 was informed by the respon-
dent that the deceased had burnt herself.
B
--{
PW-3 who was the S.P. of that District came to ~e scene spot at
about 9.15 a\m., after directing th.e local police to come to the scene and
found the respondent. at the scene.
--- )-
As pointed out supra, ·there is no direct evidence to connect the·
respondent with thls offence of murder and the prosecution entirely rests
c
its case only on circumstantial evidence. There is a series of decisions of
~ this Court so eloquently and ardently propounding the cardinal principle
to be followed in cases in which the evidence is purely of circumstantial
nature. We think, it is not necessary to recapitulate all those decisions D
except stating that the essential ingredients to prove guilt of an accused
person by circumstantial evidence are:
(1) · The circumstances from which the conclusion is drawn should
be fully proved;
E
r (2)
(3)
the circumstances should be conclusive in nature.
all the facts so established should be consistent only with the
hypothesis of guilt and inconsistent with innocence;
..,,.
(4) the circumstances should, to a moral certainty, exclude the F
possibility of guilt of any person other than the accused.
Vide Rama Nand v. State of Himachal Pradesh, (1981) 1 SCC 511;
~
Gambir v. State of Maharashtra, (1982) 2 SCC 351; Earabhadrappa v. State
of Kamataka, (1983) 2 SCC 330 and Ram Avtar v. State of Delhi Administra-
G
tion, [1985] (Supp.) sec 410.
Now let us formulate the impelling circumstances attending the case
•..:e... ,>\ and examine whether the cumulative effect of those circumstances nega-
tives the innocence of the respondent and serves as a definite pointer
towards his guilt and unerringly leads to the conclusion that within all H
828 SUPREME COURT REPORTS [1992] 2 S.C.R.
A human probability the offence was committed by the respondent alone and
none else. >-
The circumstances which are established as having closely linked up
with one another are as follows:
B {1) The motive for the occurrence.
(2) The room in which this tragic and pathetic incident took place ~
was in the exclusive possession and occupation of the respon-
dent and the deceased:
c (3) The occurrence had happened in the wee hours of 12th Oc-
tober 1971 when no body would have got an ingress into the
room wherein the husband and wife admittedly slept.
-
-(
(4) The evidence of PW-2, swearing that the respondent was f~und
-I
in the scene house at 7.15 a.m.
D
(5) The presence of the respondent inside the room wearing night-
gown when PW-4 went to the scene room.
(6) The position of the dead body lying on the ground within a cot
: frame with extensive burns except· on the back and lumbar
E regions.
(7). The presence of the traditional external visible features of ---,
strangulation as well as the internal injuries establish the use
, of violence.
-.:
F (8) The positive opinion of PW-1 who conducted the autopsy on
the dead body of the deceased, stating that the death was due
to strangulation and the burns were post-mortem.
(9) False plea of alibi and the conduct of the respondent feigning ~
innocence.
G
(10) The intrinsic value of the inviolable and impergnable evidence
let in by the prosecution completely and conclusively esta~
fishing the links of the entire chain of circumstances as a whole
and not in fragments proving the guilt of the respondent/ac-
/~
H cused.
STAIB v. DR. MITTAL (PANDIAN, J.] 829
While the learned counsel appearing for the appellant strenuously A
.........\ contended that the cumulative effect of all the pieces of circumstantial
evidence brought on record by the prosecution justifies the conviction of
the respondent, Mr. R.L. Kohli, the learned senior counsel appearing for
the respondent took much pain in advancing his argument that the cir-
cumstances relied upon by the prosecution are not clinching the issue; that
the presence of the respondent at the. scene house at the time of the
B
-( occurrence is disproved by CWs 1 and 2 and also by the evidence of PWs
6 and 9 who have not supported the prosecution case and that the
symptoms found by PW-1, the Medical Officer are not in support of the
..... conclusion arrived at by PW-1, whose opinion is ohly attributabl~ to his
inexperience or negligence. In support of his subillission, with regard to the
medical evidence, the learned co~f die~ odr attention to some passages
c
' )---
from the test book of Taylor's Medical Jurispurdence and Modi's Medical
Jurisprudence, about which we will deal infra.
We have already elaborately discussed the evidence relating to the D
motive part of the occurrence and found that the respondent who had
married the deceased as his second wife had not only entertained a
suspicion about her fidelity, but also was repelling the condu'ct of the
deceased for her finding fault with his activities, affairs and a5sociation with
his friends.
E
It is not in dispute that on the ill fated night both the husband and
wife (that is the respondent and the deceased) took their bed in the room,
which was in their exclusive use and that barring the duo no one was in
.... their room and that the deceased was found dead in the early morning
notwithStanding the reasons for her death. The case of the prosecution is F
that the respondent caused several anti-mortem injuries to the deceased
and ultimately strangulated her resulting in her death. It was only thereafter
the respondent sprillkled kerosene on the dead body and burnt it to cause
--,..··· disappearance of the evidence of the offence of murder in order to screen
himself from the legal punishment and that all the burn injuries were only
post-mortem injuries. G
Seriously opposing the prosecution version, the respondent has ab-
jured his guilt stating that he and his wife were having a happy marital life
~' occupying and using the room allotted to them in the first floor and that
the deceased who was a woman of an arrogant, obstinate and irritable H
830 SUPREME COURT REPORTS (1992] 2 S.C.R.
A temperament with frequent fluctuations of mood was displeased with their
mother-in-law, that is respondent's mother, who did not like her inde-
pendent way of moving in the family and frequently visiting cinema halls.
The deceased had made complaints not only against his mother-in-law, but
also against her unmarried brother-in-law stating that her brother-in-law
B misbehaved with her, .and that she was writing letters to PWs 2 and 7 at
the instance of PW-7, who had once in his letter addressed her as 'Dear
Kamlesh' and incited her to write letters accusing the respondent. It is the
further case of the respondent that in the early hours of 12.10.1971 he at
the request of PW-9 paid a visitto one Shashi's house as the latter was
suffering from some ailments and that he returned at about 7.45 or 8.00
C a.m. to his house and came to know about this incident. According to him,
his brothers poured water into the room to extinguish the fire. It is his
further case that the brothers of the deceased came. to his house only at
11.15 a.m., that too on his telephonic information to them. He continues
to state that the deceased used to feel pain during the period of menses,
D that he took her on 6.10.1971 to Dr. Mrs. Anstin and that on the advice
and prescription given by the Doctor Ext. Ka-9 the deceased was put on
medicine containing barbiturates, the traces of which were found in her
visra. As regards the medical evidence he has given an explanation that the
bones could have been fractured due to excess heat and the death could
have been on account of shock due to the burn injuries and that PW-1, the
E Medical Officer has given false evidence on account of some heated
exchanges between him ~d PW-rover an election held among the medicos .....,,
which took place about 2 or 3 days before the occurrence. The totality of
the defence of the respondent is that the deceased herself had created a
hell of her own in the family and ultimately committed suicide by pouring
F kerosene on her and setting fire.
The above defence version of the respondent is clearly borne out
from his statement given ·before the Trial Court on 6.10.1972. ·
We shall at the threshold proceed to <Jeal with rival contentions of
G the parties regarding the cause of death which is a vital link in the chain
of circumstances serving as a definite pointer tending to prove the guilt or
otherwise of the respondent. PW-1 who conducted necropsy on the body
of the deceased has found the positive symptoms of suicide and the fracture
of the 6th and 7th ribs and the right cornua of the hyoid bone as well as ~
;H the presence of clotted blood on the right side of the neck in· an area of
STAIB v. DR. MITTAL [PANDIAN, J.} 831
4cms. x 3cms. He also found the congestion of larynx, trachea and both A
the lungs. It is his definite opinion that the death was due to strangulation
and the fractures on the bo~y were ante-mortem. In the supplementary
report (Ext. Ka 2), he has given his opinion that the burns yre post-mor-
tem. As regards the· time of death he has stated in the cross-examination
that the death could have occurred on U.10.1971 between 7.00 A.M. and B
8.00 A.M .. However, on re-examination he clarifies his answer stating that
the probable time of death was subject to a margin of 2 to 4 hours on either
side. Though we have extracted the evidence of the Medical Officer in the
preceding part of this judgment, we would like, at the risk of repetition to
reproduce the evidence of PW-1 hereunder for better appreciation of his
opinion with regard to the cause of death: C.
"Hands were clenched.- Eyes and conjunctive were congested
and eye-balls were prominent. Blood mixed forth was coming
out from nostrils. Tongue was swollen and protruding and was
compressed between the teeth..................................................... D
Sixth and seventh ribs were fractured. The right cornua of hyoid
bone was fractured."
Though PW-1 has been subjected to incisive and searching cross-
examination and questioned with reference to various Text Books on E
y Medical Jurisprudence, nothing tangible has been brought out to .discredit
I
the testimony of PW-1. The cross-examination was directed suggesting that
the fracture of the hyoid bone and the fracture of the ribs eould have been
due to the intensive heat of the fire and by mishandling of the body when
it was taken to downstairs. In fact, PW-1 has withstood the cross-e~na- F
tion and affirmed his conclusion that the death was only due to strangula-
tion and the bum injuries were post-mortem. He based his opinion on the
innumerable symptoms found on the dead body, such as the internal
contusions, nori-vomitting which is usually the symptom in a case of burning
of a victim while alive and the involuntary non-movements of the deceased G
.even under the agony of fire etc. etc. The learned defence counsel drew
our attention to certain hypothetical opinions, given by PW-1 in the cross-
·examination, the report of the Chemical examiner, revealing the presence
of the traces of barbiturates in the visra and the pugilistic posture of the
dead body as revealed from the photographs of the dead body marked as
Exts. A, B, C and D and contended that the cause of death could not have H
832 SUPREME COURT REPORTS [1992] 2 S.C.R.
A been due to strangulation, but it was due to suicide by pouring kerosene
and setting herself on fire and the fractures of the bones and other
symptoms found on the body should have been due to the intensity of the
heat and that •e evidence of PW-1 supporting the pro5ecution version
cannot and should not be accepted. According to the learned counse~ the
B erroneous opinion, expressed by PW-1 on the available data exposes his
inexperience or negligence. In support of hiS argument, he relied upon )---
certain passages found in the textbooks on Medical Jurisprudence by
renowned authors. In Modi's Medical Jurisprudence and Texico/ogy (21st
Edition) at page 93 the following passage is found:
c "When exposed to very high temperature characteristically
curved fractures may be produced in long bones and skull. A
bone becomes so brittle and friable on prolonged exposure of
fare victim to such intense heat that it is readily fractured
incident to transport of body or its being moved or under
examination. A hyoid bone may similarly break on manipula-
D tion."
In Taylor's 'Principles and Practice ofMedical Jurisprudence: a detailed
opinion is recorded by giving the symptoms for determining whether the
burns were sustained before or after the death of a victim which are of
E considerable medical legal importance in cases of death by fire. After ex-
amining the evidence on record in the light of the opinion of the authors of ~
the two textbooks on Medical Jurisprudence, we are unable to agree with the
submissions of the defence counsel that all the symptoms found in the dead
body could have been due to the intensity of heat of the fire. In fact, the
opinion in the Taylor's Medical Jurisprudence is rather in support of the
F prosecution case than that of the defence, which opinion reads thus:
"Not uncommonly the victim who inhales smoke also vomits
and inhales some vomit, presumably due to routs of coughing,
and plugs of regurgitated stomach contents mixed with soot
may be found in the smaller brooch~ in the depths of the lungs."
G
~n the Present case, PW-1 has asserted that there was no symptom
of vomiting at all, which fact lends assurance to the prosecution case that
the burning was after the death of the victim. According to the defence,
water was poured to extinguish the fire inside the room, but the !11edical
H evidence shows that there was no blister on the body of the deceased, which.
STATE v. DR. MITTAL [PANDIAN, J.] 833
~ fact disproves the defence version. Moreover, all the external and internal A
symptoms in addition to the fractures unmistakably go to show that the
death was by homicidal violence, but not due to suicidal one. We have no
compunction in holding on the materials available that the death could
have been only due to strangulation as opined by PW-1. In fact, the Trial
Court after examining the evidence in detail has recorded its finding thus:
B
-..('
"The result, therefore, is that Smt. Kamlesh died an unnatural
death as a result of violence and was in fact murdered and did
not commit suicide."
_.._..
)
Though the High Court has acquitted the respondent on the ground
that "the circumstances as proved are not incompatible with innocence of
c
the appellant", it has agreed in toto with the finding the Trial Court so far
)--- as the cause of death is concerned and the finding of the High Court reads
thus:
"We are, therefore, inclined to accept the statement of Dr. B.G. D
Mathur that the death of the deceased was due to strangulation
and that she was set to fire after her death."
The High Court has rejected the submissions of the defence relating
to the cause of death similar to those addressed before us as devoid of ariy
E
,,-- substance. There are two important features appearing from the medical
evidence which would go in support of our conclusion. They being: (1) that
the dead body was found inside the scorched cot frame, (2) the back
- portion of the body was not burnt indicating that the deceased could not
have poured the kerosene over her body. Further, had the deceased put
her to death by burning herself she should have involuntarily moved hither
and thither under the agony, and would not be lying on her back motion-
F
less. A careful scrutiny of the evidence reveals that there was no sign of
......,. - involuntary movement or any evidence of screaming and shrieking by the
victim while she was reeling under the terrible shock and agony on being
engulfed in flames which are not the normal symptoms in a case of this
,\
nature, leaving apart the question of homicide or suicide. The traces of the
G
....... barbiturates in the visra does not in any way militate against the prosecu-
tion case and from that no adverse inference could be drawn.
~ 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 H
834 SUPREME COURT REPOR~1'S [1992] 2 S.C.R.
A 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
B by day and ultimately on the ill fated night it had culminated to this
~
occurrence.
The next point for our consideration is whether the respondent was
c
present in the house in the early morning of the day of occurrence or
whether he had gone out of the house to treat a patient. In other words,
whether the defence of alibi is true or not. PW-2 states that he saw the
respondent even at 7.15 a.m. when he had been to the scene house carrying
---
-t
snacks in a basket. PW-4, the Head Constable was the first official to go
-{
to the scene house by chance on seeing a crowd which was attracted by
the acrid smoke, emanating from the bed room. He testifies to the fact that
D at the time when he went to the house at about 8.00 a.m. he found the
respondent standing inside the room in his night dress and quarrelling with
PW-2 over the death of the deceased. PW-3, the Superintendent of Police,
arrived at the scene at about 9.15 a.m. and found the respondent present.
Thus, the evidence of PWs 2 to 4 positively establishes the fact that the
E respondent was very much present in the scene house, even in the early
morning, falsifying his plea of alibi. ~
The case of the respondent that PW-2 and his brother arrived at the
scene only at 11.15 a.m., that too on his information is belied by the
F testimony of PWs 4 and 10. The evidence of PW-4 is that PW-2 and his
brother were found in the scene house even at 8.00 a.m. PW-10 has
deposed that baskets containing snacks and sweets were lying scattered in
the courtyard even at 8.30 a.m. which basket is stated to have been brought ....,,.-.
by PW-2.
G If the respondent had returned from home after paying a visit to his
patient by 8.00 a.m., as he now claims, he would not have been found in
his night dress. The very fact that he was standing in his night dress at 8.00
a.m. demonstrably shows that the respondent had not left the house on his
professional visit but he was very much present in the house. PW-6 (who
H was in service under the respondent for 4 years) and PW-9 who claims to
STATE v. DR.·MITTAL (PANDIAN, J.) 835
have taken the respondent to attend on one Shashi have been treated as A
--""
.. hostile witnesses. CWs 1 and 2, who support the ~efence theory are none?
other than the mother and brother of the respondent whose testimony is
highly tainted. On a careful scanning of their evidence, we hold that Jl.9
safe reliance could be placed on their testimony especially in view of the
overwhelming circumstantial evidence falsifying their statements support-
B
--.-.( ing the plea of alibi.
111111!"
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
--- 1
not pre~ent in the the house at the time is patently false". The High Court
has placed mqch 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
c
)--- absolutely untenable and in utter disregard of the evidence.
Even though we are not finding the respondent guilty solely on his
false explanation, yet that explanation asslimes ~uch significance because D
it is for the respondent to come forward with an acceptable and plausible
explanation explaining the circumstances under which the deceased bad
met with her end, since, in our considered opinioii, the respondent was in
the company of his wife on the previous night and was found in the 'bed
room in the early momllig. E
,,... Though the respondent has deliberately feigned ignorance and in-
I
credibly denied his complicity, the overwhelming persuasive circumstances
attending the case and the crucial inculpatory evidence bear chilling~es-
timony unmistakably proving the gruesome offence of murder and its
diabolical execution and unerringly establishing the guilt of the respondent F
beyond all reasonable doubts.
..,. For all the reasons stated above, we, on our inaependent appraisal
and evaluation of the evidence in accordance with the principle laid down
in Chandra Mohan Tiwari v. State of Madhya Pradesh, JT (1992) 1SC258
-- 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 erroneoiis. and incredulous
G
~ reasons. Hence the judgment of the High Court has become liable to be
set aside. H
836 SUPREME COURT REPORTS [1992) 2 S.C.R.
A Mr. Kohli, the learned counsel fmally made a fervent but inexorable
plea, submitting that since the occurrence took place in the year 1971 and
that more than 14 years have now elapsed since the delivery of the
judgment by the High Court in October 1977, this court be pleased not to
disturb the finding of acquittal at this length of time. We gave our anxious
-
B consideration to the above submission, but we feel that this plea has to be
summarily rejected when the facts and the impelling circumstances sur-
rounding 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 affinlled, it will be nothing but a
C 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
D 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.
In the result, we set aside the judgment of the High Court by allowing
the State appeal and restore the judgment of the Trial Court convicting the
E respondent under Sections 302 and 201 IPC and sentencing him to im-
prisonment for life and rigorous impric;onment for 3 years respectively with ~
a direction that the sentences are to run concurrently.
In the result, the appeal is accordingly allowed.
V.P.R. Appeal allowed.
....
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