Supreme Court of India

GODABARISH MISHRAversusKUNTALA MISHRA AND ANR.

Citation: 1996 INSC 1214
Decided: 24 October 1996
Disposal: Appeal(s) allowed
Bench: G N RAY

Holding

The circumstantial evidence established the guilt of the accused; suicide was ruled out and the conviction under Section 302 IPC was upheld.

Summary

The accused, Kuntala Mishra, a midwife, was alleged to have murdered her daughter‑in‑law Geeta by strangulating her with a petticoat string after a dowry dispute. Geeta had undergone a D&C operation and was under the effect of phenargan, rendering her drowsy. She was found dead in the accused's quarters; the accused claimed suicide. The trial court convicted her under Section 302 IPC, sentencing her to life imprisonment. The High Court acquitted her, citing doubts about whether the accused was alone, the position of the back door, and the possibility of suicide based on medical expert opinion. The Supreme Court held that the circumstantial evidence was clinching, ruled out suicide by self‑strangulation, and reinstated the conviction and sentence.

Issues considered

The adequacy of circumstantial evidence to prove murder beyond reasonable doubt.
Whether the possibility of suicide by self‑strangulation can be excluded.
Whether the lack of proof that the back door was closed from inside creates reasonable doubt about the accused being alone.
The evidentiary value of medical treatise opinions (Modi's Medical Jurisprudence) versus forensic findings.
Whether a dowry motive was established sufficient to infer intent.

Legislation cited

Code of Criminal Procedure, 1973s. 161, s. 313
Indian Evidence Act, 1872s. 45
Indian Penal Code, 1860s. 302

Subjects

MurderStrangulationDowry deathCircumstantial evidenceSuicideMedical jurisprudenceSection 302 IPCIndian Evidence ActCriminal Procedure CodeConvictionAppeal

Judgment

A GODABARISH MISHRA
v.
KUNTALA MISHRA AND ANR.

OCTOBER 24, 1996

B [G.N. RAY AND B.L. HANSARIA, JJ.) ·

Indian Penal Code, 1860-Section 302:-Murder by strangula-
tion-Deceased under influence of anaesthesitr-No contiivance at the place
of incident-Apparrel of the deceased intact-Motive against accused
C proved-Accused alone with the deceased in a room-No possibility of entry
of third pers01t--H.eld, strangulation homicidal-Absence of cont1ivance ntles
out any possibiliW of suicide-The circumstantial evidence, absolutely clinch-
ing in establishing the complacity of the accused.

Ciiminal Tiial-Medical juiispntdence--Opinions in treatises-Held,
D opinion held. in treatises, are at best, opinions of experts, cannot be held
absolutely conclusive, particularly when other evidence clearly give a contra
indication-Indian Evidence Act, 1872-Section 45.

The respondent/accused was charged for offence u/s 302 IPC, for
E causing death of her daughter-in-law (deceased) by strangulating her with
a string of petticoat.

The respondent had demanded a sum of dowry from the parents of
the deceased, on failure of payment of which, she was humiliated and also
physically assaulted in her-in-laws house. The deceased in her letters to
F her relatives had mentioned about her suffering for non payment of the
dowry sum.

The respondent, who was a midwife in a maternity hospital, was
given quarter adjacent to the hospital, where the respondent was living
with her son and the deceased. On the date of the occurrence, when her
G son was absent from the house, she took the deceased to the bospital for
D & C operation. The deceased was given SO mg Phenagram injection
(intra muscular) between 8.00 a.m. and 8.30 a.m. The operation was
performed at around 10.30 p.m. Even though the respondent wanted to
take the deceased to the quarter immediately after the operation, she was
H advised not to do so. Even then, she took her to the quarter at 11.30 itself.
688
GODABARISH MISHRA v. K MISHRA 689
Shortly after taking the deceased, she went to the hospital and took some A
medicines .. (though there is nothing on the record to indicate, what
medicine was taken by her). At around 2.30 p.m., the respondent raised
alarm, hearing which, the lady doctors of the hospital (P.W.6 and P.W.7)
came. P.W.7 found the deceased lying on a cot with a sheet on her body.
P.W.6 found that the deceased was wearing sarce, blouse and petticoat B
without a string. The apparel of the deceased was not disarranged or
disorganised. The respondent also never stated that after finding her
daughter-in-law dead she had organised the dress and covered her with a
sheet. Both the doctors categorically deposed that the back do~r of the
room was closed from inside (though this was not stated before the police
statement u/s 161 Cr.P.C.). C
The case of the resporident was that the deceased committed suicide
by strangulating herself with the string of her petticoat.

The doctor, in his post mortem report, found five external injuries
and injuries on the deep muscle of the neck. He deposed that the patient D
under the influence of Phenagram could not commit suicide by self stran-
gulation.

The Sessions Judge held the respondent guilty of the offence and
sentenced her to life imprisonment.
E
In appeal, the High Court held that there was no conclusive proof
that the appellant was alone with the deceased, since P.W.6 & 7 did not
depose in their statement to the-police, that the back door of the room was
closed from inside and the investigating officer also did not enquire it from
them. The possibility of third person cannot be ruled out, and acquitted
F
her by giving her benefit of doubt.

In this appeal against .the acquittal of the respondent, to this court
it was contended by the respondent that the impugned order of the High
Court was justified in the facts of the case, and that this was a case of
suicide because the iajuries on the deep muscle of the neck, according to G
Modi's Medical Jurisprudence and Texicology will be present as a rule in
the case of suicide by self strangulati~n.

Allowing the appeal, this Court

HELD : 1.1. The circumstantial evidence in this case are absolutely H
690 SUPREME COURT REPORTS (1996] SUPP. 7 S.C.R.

A clinching in establishing the complicity of the accused in committing the
murder of the deceased. The view taken by the High Court is clearly against
the weight of the evidence and cannot be held to be a possible view which
'could have been taken. [704-A]

1.2. The High Court without any basis, entertained doubt as to
B whether at the time of death, the back door was closed from inside or not
simply because the investigating officer did not cause enquiry about the
position of the back door and the doctors (P.W.6 and 7) had not stated in
their statements to the police under Section 161 Criminal Procedure Code
that the' door was closed from inside. The omission to make statement to
C the police about the position of the back door, when no enquiry about the
same was made to the doctors, is quite natural. Both doctors are respect-
able and disinterested witnesses. There is nothing on record to !ndicate
that they had any animus against the accused for which they deposed
falsely by stating that the back door was closed from inside. Such evidence
D should not have been discarded by the High Court on an unacceptable
reasoning. [701-H, 702-A-C]

1.3. The letters written by the deceased to her relatives, clearly
indicate that th.e deceased had suffered humiliation in the in-laws house
for non-payment of dowry amount. [701-C]
E
2.1. The case of committing suicide by self strangulation by the
deceased must be ruled out. Suicide by self strangulation is very rare. For
committing suicide by self strangulation, the person committing suicide
must take aid of contrivance so as to ensure application of sufficient force '
p until death by strangulation. Without such contrivance, sufficient force
cannot be applied because initially with the application of force, insen-
sitivity will develop for which the hands pulling the ends of the string must
get loosened. In the instant case, no contrivance was noticed either by PW.
6 and 7 who come to examiile the deceased by hearing the alarm. The
accused has also not seen any contrivance at the place of incident and in
G her statement under Section 313 Criminal Procedure Code, she has not
disclosed any fact, which was within her special knowledge, in support of
case of suicide by self strangulation. [702-F-H]

Modi's Medical Jurisprudence and Texicology; Taylor's Principles
H and Practice of Medical lurisprndence, referred to.
GODABARISHMISHRAv. KMISHRA[G.N.RAY,J.) 691

2.2. If a person had committed suicide, she would not be found lying A
properly dressed in a normal composure. There would be some movement
of the body wUh consequential change in the matter of placement of
various limos of the body on the bed. [703-C]

2.3. In the instant cas~, it has been clearly established that the death
occurred on account of strangulation. Simply because the doctor (P.W. 11) B
noticed injuries on the deep muscle of the neck of the deceased at the time
of holding post-mortem, it cannot be held that such injuries noticed by the
doctor had convincingly established that it was a case of death by self
strangulation, because of what has been opined by Modi. Opinions ex-
pressed in the treatise are, at best, opinions of experts, which though C
deserve due consideration, with respect, cannot be held conclusive par-
ticularly when other evidences clearly established a contra indication.
[703-D-F]
Modi's Medical Jurisprudence and Texicology, referred to.

CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. D
343 of 1991.

From the Judgment and Order dated 1.10.86 of the Orissa High
Court in Crl. A. No. 276 of 1984.

Shakif Ahmed Syed (N.P.) for the Appellant. E

Ranjit Kumar, C.S. Srinivasa Rao, (NP) and Ms. Anu Mohla for the
Respondents.

The Judgment of the Court was delivered by
F
G.N. RAY, J. In this appeal the order of acquittal in favour of the
accused Kuntala Mishra, by the judgment dated October 1, 1986 passed by
the High Court of Orissa in Criminal Appeal No. 276 of 1984, setting aside
the conviction of the said accused under Section 302 l.P.C. by the judgment
dated December 17, 1984 passed by the learned Sessions Judge, Sambalpur G
in Sessions Trial No. 46 of 1984 and consequential sentence of life im-
prisonment imposed on the accused is under challenge.

The prosecution case in short is that the deceased Geeta w~ the
daughter-in-law of the accused Kuntala Mishra. The accused was a midwife
(Dhai) in the Maternity Hospital at Sambalpur. When negotiation of H
692 SUPREMECOURTREPORTS [1996]SUPP. 7S.C.R.
A marriage of the deceased with Subhas, son of the accused, had taken place,
a sum of Rs. 8000 was demanded as dowry by the accused and her brother
Satyaprasad. Though the father and brother of Geeta initially did not agree ... ,
to pay the said sum because of their fmancial hardship, they, however,
agreed to pay the: said amount on the date of marriage i.e. on May 24, 1981.
B The parents, however, could not pay the said sum at the time of marriage
and the party accompanying the bridgegroom i.e., husband of Geeta on
protest did not participate in the dinner hosted on the occasion of marriage
and they returned unhappy. For such non payment of the said dowry, Geeta
was harassed by the accused and her son and was physically assaulted. The
accused did not allow Geeta to come to her parents place despite repeated
C requests by the the parents to send their daughter. The father of Geeta
ultimately borrowed a sum of Rs. 6,000 and came to Sambalpur where
Geeta was living in the quarter allotted to the accused close to the
Maternity Hospital with her husband and the mother- in-law and paid the
sum of Rs. 6,000 to the accused in the presence of the husband of the
D deceased Geeta. The accused had accepted such part payment with reluc-
tance but even then she did not accede to the request to the father of Geeta
to send her daughter with him and the father had to go back alone.

During the temporary absence of Subhas, the accused on January 11,
1983 took Geeta to the said Maternity Hospital for D and C operation as
· E Geeta was not having conception. After the operation, Geeta was brought
to the quarter of the accused at about 11.30 AM. on the said day. It is the ·
prosecution that while the deceased was still in drowsy condition because
of high sedation. She was strangulated to death by the accused with the
help of the string of a petticoat of the deceased. The accused, however,
F . pleaded innocence and in her statement under Section 313 Criminal Pro-
cedure Code, she stated that Geeta had committed suicide with the string
of her petticoat (saya). It may be stated here that the accused herself
lodged a diary at 3.30 p.m. on the date of occurrence in the Sambalpur
Town Police Station that after the said D and C operation, both Geeta and
the accused ha,d been taking rest in the quarter of the accused and when
G the accused woke up from sleep at 2.30 p.m., she noticed that Geeta had
committed suicide by self strangulation with the aid of the string of her
petticoat.

The Officer-in-charge of Sambalpur Town Police Station registered
H a case and directed police Sub-Inspector (PW.12) to enquire into the said
GODABARISHMISHRAv. KMISHRA(G.N.RAY,J.] 693

incident of death. Later on, PW.13 Circle Inspector of Police took charge A
of the investigation and finding that it was a case of murder, an F.I.A. under
Section 302 I.P.C. was drawn up (Ext.27). After completing the investiga-
tion, charge sheet was submitted and the accused faced trial for the offence
under Section 302 I.P.C. in the said Sessions Trial No. 46 of 1984 before
the learned Sessions Judge, Sambalpur.
B
The Sub-Inspector of Police who first conducted investigation came
to the place of occurrence at 3.55 p.m. and prepared a site plan (Ext. 9)
and seized the string of petticoat (M.0.1) and a silver necklace (M.0.11)
lying on the floor near a leg of the cot below the head of the deceased.
The bed head ticket (Ext. 15) and temperature chart (Ext.16) of the C
deceased were seized from the hospital. The medical prescriptions Ext. 10
'to-10/5, th~ pathological reports (Ext. 11 to 11/4) and other medical reports
of the dece~ed (Ext. 12 to 14) were also seized. P.W.11 the Demonstrator
in Forensic Medicine and Toxicology of the Medical College Burla. held 0

post mortem examination on the dead body of Geeta on January 12, 1983 D
at 1.35 P.M. in the said report of the said doctor, five external injuries as
indicated were found on the person of the deceased which were ante
mortem and the third ligature mark indicated in the report could be caused
by encircling the neck by means of the string of a petticoat (M.0.1) by
pulling the ends. The doctor also opined that injuries Nos. IV and V could
be caused by finger nails and fist blow. On dissection of the neck below E
the ligature mark, the doctor found the skin contoused. The doctor opined
that death was due to cerebral anoxia as a result of strangulation of neck.
The doctor categorically opined that the death was not due to hanging.

It may be stated here that on alarm being raised by the accused at F
about 2.30 p.m., two lady doctors of the Maternity Hospital (PW.6 and 7)
reached the place of occurrence in the quarter of the accused. P.W.7 was
first to reach. She has stated that while she was working in the hospital,
she heard some noise coming from the quarter. She then rushed and found
Geeta lying on the cot in the bed room with a chadar (sheet) on. She
examined and found her dead. She had deposed that she had noticed some G
marks on the front side of the neck of Geeta. The other doctor PW.6 who
also came on hearing noise, found Geeta lying dead on the cot and her
body was covered from neck to toe by a sheet. She had also noticed two
marks of pruise on the front side of the neck of Geeta and P.W.6 has
deposed that when the said sheet was removed, it was found that Geeta · H
694 SUPREMECOURTREPORTS f1996]SUPP. 7_S.C.R.
A was wearing petticoat (saya), blouse and saree which were intact and not
disorganised.

P.W.4 the pharmacist of the hospital has deposed to the effect that
he had given 50 mg. phenargan intra muscular injection to Geeta at about
8.00 to 8.30 AM. for the purpose of D and C operation and, after such
B operation. Geeta was discharged from the hospital at 11.30 A.M. on the
same day. The lady doctor (PW. 7) has also deposed that the accused
wanted to take Gceta after the operation to the quarter but she was advised
to take Geeta after some time. The doctor (P.W. 11) has deposed that the
effect of 50 mg. phenargan intra muscular injection was given to Geeta
C would keep a patient drowsy for 6 to 7 hours and such patient could be
overpowered very easily. PW.11 has also deposed that a patient under the
influence of phenargan could not commit suicide by self strangulation. He
has also deposed that D and C operation is conducted at a point of time
when the patient completely looses her senses. It has come out in the
D evidence that the operation had been performed at 10.30 A.M. on the .
deceased. The lady doctor PW.7 has also deposed that the accused had
taken Geeta to her quarter at about 11.30 A.M. and after five minutes she
came to the hospital and took some medicine and went away. There is,
however, no evidence as to what medicine was taken away by the accused.
It may also be indicated here that both the lady doctors PWs. 6 and 7 have
E deposed that when after hearing the noise they came to the room in the
quarter of the accused where the deceased was round lying dead on the
cot, both of them had noticed that the door at the back of the room was
found closed from inside.

F It was, however, contended before the learned Sessions Judge on
behalf of the ·accused that as the blood vessels of the artery of the trachea
and larynx and the trachea was not found affected by the doctor holding
post-mortem examination, it could not be held with any certainty that
suicide by self strangulation had not been committed. Such contention was
made by referring to some observations in Modi's Medical Jurisprudence
G and Toxicology. It was also urged that the conduct of the accused only
suggested of her innocence and not suffering from any guilty complex. The
accused did not make any attempt to suppress the unnatural death. On the .
~

contrary, immediately on noticing the daughter-in-law lying strangulated,
she raised alarm and the doctors came to her quarter and examined the
H deceased. She also rushed to the police station and gave a diary containing
GODABARISHMISHRAv. KMISHRA[G.N.RAY,J.] 695

the information of suicidal death of her daughter-in-law at 3.30 P.M. A

The learned Sessions Judge, however, held that although it was a case
of circumstantial evidence, the-circumstances clearly proved by convincing
evidence, established the guilt of the accused in committing the murder of
the deceased Geeta by strangulating her. The learned Sessions Judge has B
indicated that the deceased was harassed on account of non-payment of
dowry as demanded and she was not allowed to visit her parents house for
non payment of dowry amount for which she had written a number of

-
letters to her parents disclosing such facts. On the date of incident, the
deceased had undergone D and C operation at about 10.30 AM. for which
50 mg. phenargan intra muscular injection was given. The effect of such C
amount of phenargan in the Intra-muscular injection was to last for 5 to 6
hours and according to doctor's deposition, a patient on being given intra
muscular injection of 50 mg. of phenargan, would not be in a position to
commit suicide by self strangulation e 1en after 5-6 hours by applying
sufficient force necessary for committing suicide. There was no one present D
in the room excepting the accused when Geeta met her death and if the
case of self strangulation was ruled out, it was the accused and no one else
who could strangulate the deceased. The learned Sessions Judge who
pointed out that it came out in evidence that immediately after the opera-
tion, the accused wanted to take the_ deceased to her quarter, but on
doctor's advice not to take her immediately from the hospital, she had E
taken the deceased to her quarter at 11.30 AM. When the lady doctors
PWs.6 and 7 on hearing alarm raised by the accused went to her quarter,
they had noticed the deceased lying on a cot inside the room with a sheet
cevering her body. One of the lady doctor deposed that on removing the
sheet, she found the deceased wearing petticoat, saree and blouse with~ut
F
being disarrayed and disorganised.

The learned Sessions Judge also pointed out that accor.dingto Modi's
Medical Jurisprudence and Toxicology, suicide by self strangulation is very
rare and without a contrivance, with which sufficient pressure required to
bring about death can be generated, suicide by self strangulation, cannot G
be performed because after application of some force, there would be
insensitivity thereby loosening the grip on the neck. As in this case, no
contrivance with which such self strangulation could have been committed
was found, the case of suicide by self strangulation was ruled out. Accord-
ingly, the homicidal death of the deceased by strangulation by the accused H
696 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.
A was the only possibility in the facts of the case. The learned Sessions Judge,
therefore, convicted the accused for the offence of murder and sentenced
her to imprisonment for life.

The Criminal Appeal No. 276 of 1984 was preferred by the accused
against her conviction and sentence before the High Court. By the im-
B pugned judgment, the High Court has set aside the conviction and sentence
passed against the accused by the learned Sessions Judge and acquitted
her by giving benefit of doubt. In setting aside the conviction and sentence
of the accused, the High Court has indicated the following aspects of the
case :-
c (a) PW.11 holding post mortem examination of the deceased did not
notice the larynx and trachea affected as well as injury in the neck muscle.
He also did not find hyoid bone fractured but found congestion in the deep
structure of throat. If suicide by self strangulation with the help of some
contrivance is committed, then according to Modi's Medical Jurisprudence
D and Toxicology, injuries on deep structure of the neck muscles are, as a
rale, absent~

(b) The deceased was administered phenargan intra muscular injec-
tion at about 8.00 to 8.30 A.M. According to PW.6 the doctor who
E conducted D and C operation, the effect of phenargan injection remains
for 3 to 4 hours. Other doctor PW.11 who held post mortem examination
also stated that with 50 mg. phenargan injection, the effect of such injection
would be maximum after three hours and would vanish after six hours and
the patient would remain drowsy for 4 to 6 hours.

F (c) From the evidence of PW.11 the approximate time of death of
Geeta was 1.30 to 2.00 P.M. on January 11, 1983.

(d) There is no convincing evidence that the deceased was oppressed
or tortured in her in.. laws house. From the letters written by the deceased,
G since exhibited in the case, though it was revealed that Geeta remained
unhappy for not paying dowry amount but the letters did not disclose any
extraordinary ill feeling between Geeta and her mother-in-law.

(e) The conduct of the accused vis-a-vis the deceased showed her
anxiety for the well being of the deceased. It was revealed from the
H evidence both oral and documentary that the accused was getting the
GODABARISH MISHRAv. K MISHRA[G.N. RAY,J.] 697.

deceased regularly treated for gynecological problems. A
(t) The fact that the accused was alone with the deceased at the time
of her death has not been convincingly proved. Although the doctor (PW.7)
who came to the quarter of the accused after hearing noise from the
quarter has deposed that the door of the room having entry in the back
side was closed from inside, such fact was not stated by her to the notice B
in her examination under Section 161 Criminal Procedure Code. The other
doctor (PW.6) reached after PW.7 and she also did not state to the police
that the said door was closed from inside. The investigating officer also did
not enquire from the doctors as to whether the door was closed from
inside. If the said door was not closed from inside, possibility of entry by C
a third person through such back door cannot be ruled out. Hence, there
is no conclusive proof that the accused was alone with the deceased in the
house.

(g) The theory of last seen together is not of universal application
and may not always be sufficient to sustain a conviction unless supported D
by other links in the chain of circumstances.

(h) The conduct of the accused as being restless and perplexed at
the time of the incident was quite natural because it is not unusual to be
restless and perplexed if the daughter-in-law suddenly dies. E

(i) It was not a fact that the deceased was covered by a sheet from
head to toe by the accused. PW.7 the doctor who first saw the deceased
did not say that the deceased was so covered from head to toe. P.W.6 is
even more specific and said the deceased was covered with a sheet from
neck to toe. It was not unusual for a patient who had undergone an F
operation to be covered by a sheet from neck to toe.

G) There was nothing unusual or improper for the accused to take
the deceased to her quarter at 11.30 a.m. when the operation which was a
minor operation and was completed at 10.30 A.M. After waiting upto 11.30 G
a.m., the deceased was taken to the quarter which was only 20 to 30 cubits
away from the hospital.

(k) There was nothing improper in reporting by the accused to the
police that the deceased had committed suicide because she entertained
the belief that the deceased had committed suicide and P.W.6 and 7 did H
698 SUPREME COURT REPORTS [1996) SUPP. 7 S.C.R.
A not contradict the accused that the deceased had not committed suicide.

The High Court having held that from the facts and circumstances
proved in the case, it was not possible to hold that the accused had
committed the murder of the deceased. Hence, she was acquitted by giving
her benefit of doubt.
B
At the hearing of the appeal, Mr. Ranjit Kumar, appearing for the
accused-respondent, has forcefully contended that conviction on the basis,
of circumstantial evidence cannot be based unless the circumstances clearly
proved and established by reliable and convincing evidence adduced in the
C case, make a complete chain of events from which no other inference,
except the inference about the complicity of the accused i11 committing the
offence, is possible.

Mr. Kumar has suibmitted that it has been clearly established from
the materials on record that love between the accused and her daughter-
D in-law, namely the deceased was not lost. On the contrary, the accused was
taking care to get her daughter-in-law regularly checked up and treated for
gynecological problems. There was some bitterness for non payment of
agreed amount of dowry but for such non payment, the deceased was not
harassed or tortured. The High Court after considering the letters written
E by the deceased to her parents has held that despite unhappiness of the
accused for not paying the agreed amount of dowry, there is nothing in the
letters to suggest that the deceased was tortured or assaulted or not
allowed to go to her parents' house. ..

Mr. Kumar has submitted that the motive of the accused for murder-
F ing the deceased has not been established in this case. In a case of direct
evidence, absence of motive on the face of clinching evidences against the
accused, may lose its importance but in a case of circumstantial evidence
it has great importance. Even if it is assumed that the accused was not
satisfied on receipt of the substantial part of the dowry amount and had
G insisted for further payment, it cannot be safely presumed that she had
been harbouring ill feeling to such an extent which had impelled her to
murder the daughter-in-law.

Mr. Kumar has also submitted that the intra muscular injection of 50
mg. phenargan was given to the deceased at 8.00 to 8.30 AM. According
H to the doctor holding post mortem, the approximate time of death was
GODABARISH MISHRA v. K MISHRA [G.N. RAY, J.] 699

1. mp.m. The accused has stated that at 2.30p.m. when she got up from A
sleep she had noticed her daughter-in-law lying dead. From the evidences
adduced, it is quite evident that about 5 to 5 1/2 hours elapsed between
the time when injection was given to the deceased and time of her death.
The effect of such phenargan injection completely vanishes within 5 to 6
hours. Hence, there is no difficulty in holding that at the time of committing
B
suicide, the deceased was free from the effect of phenargan injection and
was physically capable of committing suicide by self strangulation.

Mr. Kumar has submitted that even though suicide by self strangula-
tion is uncommon, there are instances of such suicide. Mr. Kumar has
further submitted that PW.11 the doctor holding post-mortem examination C
has deposed that he had noticed injuries on the deep structure of the neck
muscles. Such injury, according to Modi's Medical Jurisprudence and
Toxicology, will be absent as a rule in the case of suicide by self strangula-
tion. The opinion contained in Modi's Medical Jurisprudence and Toxicol-
ogy is always regarded as of high authoritative value. At least, such D
presence of injuries on deep structure of neck muscle raises reasonable
doubt as to whether death was due to homicidal strangulation by someone
or suicide by self strangulation and the benefit of doubt should go to the
accused. The High Court has, therefore, rightly given such benefit of doubt
in favour of the accused.
E
Mr. Kumar has contended that unless the possibility of suicide by self
strangulation is ruled out and possibility of someone entering the house
through the back door is ruled out, the accused cannot be held guilty, even
if it is held that the death was not on account of suicide by self strangulation
but it was a case of murder by strangulation. Mr. Kumar has contended F
that whether the back door was closed from inside or not ought to have
been investigated by the police. Such important fact about the actual
position of the back door could not have been missed to be stated by the
doctors, P.Ws.6 and7, to the police. At least, the police should have put
questions to ascertain the position of the back door to the said witnesses G
at the time of their examination under Section 161 Criminal Procedure
Code. Absence of such investigation by the police, coupled with the fact
that no such statement about the position of the back door was made "by
P.W.6 and 7 to the police, raises serious doubt as to the actual position of
the back door. It is not unlikely that the doctors failed to notice such fact
and on a later date when they deposed in the case, a wrong statement was H
700 SUPREME COURT REPORTS (1996) SUPP. 7 S.C.R.
A made by the doctors because of lapse of memory with the passage of time.
Precisely for such reason,, the High Court has entertained doubt about the
actual position of the back door at the time of commission of the offence.

Mr. Kumar has submitted that the accused had not suppressed the
factum of death even for some time and to attempt to conceal proof of the
B incident of murder. On the contrary, being impelled by the normal reaction
of a loving mother-in-law, she raised alarm immediately, on noticing her
daughter-in-law dead, and the doctors in the hospital rushed to her quarter
and had occasions to examine the deceased. The accused also promptly
brought to the notice of the Sambalpur Town Police about the said death
C of her daughter-in-law. As the cause of death was not known and the
accused reasonably believed that her daughter-in-law had committed
suicide, such fact was fairly stated to the police. Such conduct of the
appellant has been rightly held by the High Court as normal and cannot
even raise any suspicion about the guilty complex of the accused. Mr.
D Kumar has submitted that by indicating very cogent reasons by analysing
the evidences of the case, the High Court has acquitted the accused. Such
order of acquittal, therefore, should not be interferred with by this Court.

We are, however, unable to accept the submissions of Mr. Kumar.
We are also unable to agree that the impugned order of acquittal passed
E by the High Court was justified in the facts of the case. The letters written
by the deceased, since exhibited at the time of trial of the Sessions case,
clearly reveal that the deceased had suffered sufficient mental trauma for
non payment of dowry amount of Rs. 8,000. In her letter (Ext.17) written
to the father, the deceased clearly indicated that for non payment of the
F said demand for a sum of Rs. 8,000 at the time of marriage, she had to
face many things in her in-law's place and she would be happy if the
amount was sent quickly. In another letter dated 28.11.1982 written by the
deceased to her brother Buda, she expressed that nobody was knowing her
misery and she did not know what to do. She only knew how to suffer by
getting pain in her hands and legs. In letter dated 5.9.1982 (Ext. 17/4)
G written by the deceased to her mother, she stated that she was trying to go
to home but that was not welcome and effective. The mother must have
already heard about the mother-in-law how angry she was then. Her
husband had advised her to wait two to three months for going to her
parents' house. The elder brother when came to her, assured that the rest
H (If amount would be paid within 2 to 3 months, but she was not aware as
)
GODABARISHMISHRAv. KMISHRA[G.N.RAY,J.] 701

to what had happened to such payment. The mother was requested to tell A

- the father about such payment, otherwise she would be treated badly. In
another letter written shortly before the death, on 26.12.1982 to her sister-
in- law (Ext. 17/6), the deceased wrote that nobody should blame anybody
about the marriage affairs. What had been written in her fate that had
happened. She had to hear so many irony (presumably meaning words of B
taunts) in her in-law's place. The sister-in-law would have known all these
from mother, second brother and sister. She also wrote that sister-in-law
would not worry for the deceased but one ought to try how the problem
could be solved. Such letters, in our view, clearly indicate that the deceased
had suffered humiliations in the in-law's house for non-payment of dowry
• amount and it was made clear that unless the mother-in-law would be with C
the deceased, nobody could help her and she would be treated badly.

From the evidence it has been clearly established that on the date of
death, the deceased had undergone D and C operation in the Maternity
,, Hospital at 10.30 A.M. For such purpose between 8.00 to 8.30 A.M. she D
was given 50 mg. phenargan injection (intra muscular). The D and C
operation was performed at about 10.30 A.M. Although the accused in-
tended to take away the deceased after the operation to her quarter, she
was advised not to take her immediately. Within an hour after the opera-
tion, the accused had taken the deceased to her quarter. There is evidence
that shortly after taking the deceased to her quarter, the accused came to E
hospital and took some medicine but there is nothing on record to indicate
what medicine had been taken by the accused. The trial court has indicated
that it was not unlikely that some sedatives had been taken by the accused.
Be that as it may, it has been clearly proved that at about 2.30 P.M. the
accused raised alarm from per quarter. On hearing such alarm, the lady F
doctor of the hospital (P.W. 7) had been to the quarter of the accused and
found the deceased lying on a cot in the room with a sheet placed on her
body. She examined the deceased and found her dead. Thereafter, P.W. 6
another doctor also came and found the deceased lying on the cot with a
sheet covering the body from neck to foot. By removing the sheet, PW. 6
found that the deceased were wearing a blouse, saree and petticoat with G
the string. None of the doctors noticed the wearing appare~ of the deceased
disarranged or disorganised. Both the said doctors categorically deposed
that the back door of the room was closed from inside. The High Court,
in our view, has, without any basis, entertained doubt as to whether at the
time of death, the said back door was closed from inside or not simply H
702 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.

A because the investigating officer did not cause enquiry about the position
of the back door and the doctors (PWs. 6 and 7) had not stated in their
statements to the police under Section 161 Cr. Procedure Code that the
door was closed from inside. The omission to make statement to the police
about the position of the back door, when no enquiry about the same was
B made to the doctors, is quite natural. Both the doctors are respectable and
disinterested witnesses. There in nothing on record to indicate that they
had any animus against the accused for which they_ deposed falsely by
stating that the back door was closed from inside. Such evidence, in our
view, should not have been discarded by the High Court on an unaccep-
table reasoning.
c
It has been clearly established that if the quarter was closed from
inside, there was no possibility of any person entering the quarter. It was
only the accused who was staying in the quarter with the deceased who had
undergone an operation shortly before her death, because admittedly the
D husband was out of station for a few days. Even if it is assumed that the
effect of phenargan injection had gone by 1.00 to 1.30 P.M., which accord-
ing to the opinion of P.W. 11, the doctor holding post mortem examination,
was the possible time of death, it can be reasonably held that the deceased
by the time was likely to be down and not quite normal in view of the fact
that she had been under deep sedation and had also underwent an opera-
E tion even if such operation was a minor one.

In our view, the case of committing suicide by self strangulation by
the deceased must be ruled out. Both in Modi's Medical Jurisprudence and
Toxicology and in Taylor's Principles and Practice of Medical
p Jurisprudence, to which our attention was drawn by Mr. Ranjit Kumar, it
has been clearly indicated that suicide by self strangulation is very rare. For
committing suicide by :self strangulation, the person committing suicide
must take aid of a contrivance so as to ensure application of sufficient force
until death by strangulation. Without such contrivance, sufficient force
cannot be applied because initially with the application of force, insen-
G sitivity will develop for which the hands pulling the ends of the string must
get loosened. In the instant case, no contrivance was noticed either by PWs.
6 and 7 who had come to examine the deceased by hearing the alarm. The
accused has also not seen any contrivance at the place of incident and in
her statement under Section 313 Criminal Procedure Code she had not
H disclosed any fact, which was within her special knowledge, in support of
GODABARISHMISHRAv. KMISHRA[G.N.RAY,J.) 703

a case of suicide by self strangulation. A
.... It has been deposed by the lady doctors (PWs. 6 and 7) that the
deceased was lying on a cot with a sheet covering her. PW. 6 has categori-
cally stated that the sheet was covering the body of the deceased from head
to toe. On removing the sheet, she had noticed that the deceased was
wearing saree, blouse and petticoat and she did not notice that such
B
wearing apparel was disarrayed or disorganised. It is not the case of the
accused that after finding her daughter-in-law dead, she had organised the
dress of the deceased and then covered the dead body with a sheet. If a
person had committed suicide, she would not be found lying properly
dressed in a normal composure. There would be some movement of the c
body with consequential change in the matter of placement of various limbs
of the body on the bed.

In the instant case, it has been clearly established that death occurred
- on account of strangulation. Simply because the doctor (P.W. 11) noticed
D
injuries on the deep muscle of the neck of the deceased at the time of
holding post mortem, it cannot be held that such injuries noticed by the
doctor had convincingly established that it was a case of death by self
strangulation, because of what has been opined by Modi. We may indicate
here that suicide by self strangulation, according to the learned author, is
a rare incident. Such view has also been expressed in Taylor's Principle E
and Practice of Medical Jurisprudence. It is not unlikely that for want of
large number of cases of suicide by strangulation to be studied carefully,
various features associated with such suicide could not be indicated more
precisely. That apart, opinions expressed in the said treatise are at best,
opinions of expert, which though deserve due consideration with respect, F
cannot be held absolutely conclusive particularly, when other evidences
clearly established give a contra indication.

It may also be indicated here that both in Modi's book on medical
jurisprudence and Taylor's book. on medical jurisprudence, it has been
categorically stated that for committing suicide by self strangulation, the G
aid of a contrivance to maintain force till death is got to be taken,
otherwise, it is not possible to maintain the force required. The absence of
such contrivance clearly rules out any possibility of suicide by self stran-
gulation. In the aforesaid fact, excepting the accused no other person had
any opportunity whatsoever to cause the murder of the deceased. The H
704 SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R.

A circumstantial evidence in this case are absolutely clinching in establishing
the complicity of the accused in committing the murder of the deceased.
The view taken by the: High Court is clearly against the weight of the
evidence and cannot be held to be a possible view which could have been
taken.

B We, therefore, find no hesitation in setting aside the impugned order
of acquittal passed by the frigh Court and upholding the conviction and
sentence passed against the accused by the learned Sessions Judge, Sam-
balpur. The bail ponds of the accused would stand cancelled. She would
be taken to custody forthwith to serve out the sentence of imprisonment
C for life. The appeal is accordingly allowed.

Before we part, we place on record our appreciation for the valuable
assistance given to the Court by Mr. Ranjit Kumar, the learned counsel for
the accused-respondent. He fairly placed all relevant facts and depositions
adduced in the case for our consideration.
o D
K.K.T. Appeal allowed.

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