DALVEER BHANDARI ( 1 ) THISAPPEAL is directed against the judgment and sentencedated 7. 8. 1993 passed by the learned Additional districtand Sessions Judge, Delhi in Sessions Caseno. 56/91. Appellant Jai Bhagwan was tried along with Phool hussainunder Section 302/34 IPC. ( 2 ) THESHORTCONTROVERSYWHICHARISESFOROUR considerationinthis appeal is whether the case isin facta case of suicide or has an incident of murder been given the shape of a suicide case? ( 3 ) BRIEF facts which are necessary to dispose of the appeal are recapitulated as under. ( 4 ) ON6. 1. 1991appellant,jai Bhagwan, reportedto thepolice at PP Palam Colony that Raj Rani widow of his elderbrotherhas committed suicide. D. D. No. 21was registered and was marked to SI Mahinder Singh, Incharge, pppalam Colony, who along with HC Tej Singh,constable bhupsinghandconstablematloobaliconductedthe investigation. Theyall proceeded to Houseno. 7b/2 j-ll,hanumanmandir Marg, Palam Nagar ,palamcolony. This address was provided by the appellant Jai Bhagwan as the address of his residence. The door of the said house wasfoundlockedand on enquiry,theappellant,jai bhagwanhimself produced the key with which the lock was opened. The dead body of Raj Rani was found hangingon thefan with a nylon rope of light yellow colour. They noticednumberof injuries on her face and neck. They alsonoticed blood stains on the bed sheet lying onthe bed nearby. Sub Inspector Mahinder Singh suspected it to beacaseof murder. He sent a Ruqqatothepolice stationinthis regard and on that basis FIR No. 7/91 wasregistered. The ceiling fan, lock, keyandblood stainedbedsheet were taken into possession. Inquest proceedings were conducted and the dead body was sent for post mortem examination. ( 5 ) THEDECEASED was found dead on 6. 1. 1991 at4. 15 p. m. andpostmortemwas conducted at11a. m. on 7. 1. 1991. Dr. L. K. Baruah conducted the post mortem of thedeceased,rajrani. In the post mortemreportthe doctorobservedthat inner aspect of the lower lipwas seenbruised. Blood was seen coming out from boththe nostrils and he found the following injuries:- 1. ONE bruise over left side cheek prominenceover an area of 3. 5c. m. x3. 00 c. m. 2. One bruise over left lower part ofthe cheek and submandibular area of size 3 c. m. x 2 c. m. 3. Multiplelinear marks someof themwereconcentric seen allaroundthe mouthand more on left angle of themouth. Someofthem were resemblingnailmarks. Sizeof these injuries varied from 0. 2 c. m. to 0. 3 c. m. in width and length varied from 0. One bruise over left lower part ofthe cheek and submandibular area of size 3 c. m. x 2 c. m. 3. Multiplelinear marks someof themwereconcentric seen allaroundthe mouthand more on left angle of themouth. Someofthem were resemblingnailmarks. Sizeof these injuries varied from 0. 2 c. m. to 0. 3 c. m. in width and length varied from 0. 8 c. m. to 1. 3 c. m. 4. One horizontally placedbruise mark (ligature constriction mark) were seen all around the neck of width varied from 2. 2 c. m. to 2. 5 c. m. In front of the neckit waspassingbelowthethyroidcartilage horizontallytothe back side of theneck whereitwas seen crossed as shown inthe diagram. 5. One another ligature marktied aroundthe neck was seen above thethyroid cartilagepassing backwards and upwardsto thebackside posterior hair line. There wasnoligaturemark seen in anareaof 5 c. m. It was rope mark and its width varied from2. 5 c. m. to 3. 5 c. m. Theseligature markswere corresponding with the rope tied aroundtheneck. There wasnosignof inflammationseenat the margins ofthese marksandwere pale. There was noinjury marknorany mark of violenceexceptthe injuries mentioned above found on thebody of the deceased. ( 6 ) THEDOCTORINHIS report has opinedthatall injuriesexceptinjury No. 5 were antemortem. Injury no. 1 and 2 were caused by blunt force. Injury No. 3was possiblycausedbyfingernails. Injuryno. 4was possiblycaused by soft ligature material. Injuryno. 5 wascaused by rope tied around the neck. Death inthis casewas due to asphyxia following ligature constriction ofthe neck by a soft ligature material. Clothes, rope, sample of blood were preserved, sealed and handed over to police. Thedoctoropined that Injuryno. 3wasall aroundthemouth and mostly on angles of the mouthand onlyafewabrasions were resembling nailmarks. He mentioned that these abrasions could not have been caused in the manner as suggested by the defence counsel. ( 7 ) THEAPPELLANTWASARRESTED forhissuspected involvementinthe crime. On interrogation hemadea disclosure statement admitting therein that he had killed hissister-in-lawon4. 1. 1991at10p. m. by strangulatingherwitharope and withthehelpof co-accusedphool Hussain and Kusheshwar Mahato @ Lamboo. He further stated that after killing her, they hanged her onthe fan to give an impression that hissister-in-law had committed suicide. ( 8 ) THE appellant Jai Bhagwan got blood stained Kurta andpyjamarecoveredfrom a box lyinginthatroom. Phoolhussainafter arrest made a disclosurestatement andpointedoutthe shop in Palam Colonymarketfrom wheretheypurchased the nylon rope. According tothe reportofthe Chemical Examiner human blood of Bgroup wasdetectedon the bed sheet, and Kurta and Pyjamaof theappellant. ( 8 ) THE appellant Jai Bhagwan got blood stained Kurta andpyjamarecoveredfrom a box lyinginthatroom. Phoolhussainafter arrest made a disclosurestatement andpointedoutthe shop in Palam Colonymarketfrom wheretheypurchased the nylon rope. According tothe reportofthe Chemical Examiner human blood of Bgroup wasdetectedon the bed sheet, and Kurta and Pyjamaof theappellant. Kusheshwar Mahato could not bearrested and was declared a proclaimed offender. ( 9 ) THEPROSECUTIONEXAMINED 18 witnesses toprove itscase. The appellant in his statement undersection 313cr. P. C baldly denied his involvement and stated that he has been falsely implicated. ( 10 ) PW. LSATPAL is the brother of the deceased. He mentionedthaton6. 1. 1991at 9 p. m. policeanda neighbourcameto his house and told himtoaccompany themtothe police station as there had been aquarrel withhis sister. At the police station he saw thedead body of his sister. ( 11 ) PW. 2nanak Chand is the father of thedeceased. Hestatedthathe had gone to the houseofrajrani deceased and had identified her body. ( 12 ) BOTH PW 1 and 2 resiled from their statements under section161cr. P. C. Hence, they were declaredhostile witnessesandwerecross examinedbytheadditional public Prosecutor. ( 13 ) PW. 6deendayal is a neighbour. Hementioned thatthe fan and the clothes including Kurta andpyjama andonebedsheet were taken intopossessionbythe police. He also did not support the prosecution version and he resiled from his previous statement and therefore, he was cross-examined by the Addl. Public Prosecutor. ( 14 ) PW. 7matloobali stated that the appellantjai bhagwanhadtaken out a key from the pocket andopened thelockandthereafter they saw a lady hangingona ceiling fan and her neck tied with a rope. ( 15 ) PW. 15simahindersinghandpw. 17inspector kapoorsingh are the investigating officers. On receipt ofd. D. No. 21 on 6. 1. 1991 PW. 15 SI Mahinder Singhwent to the spot along with the appellant Jai Bhagwan and also alongwith some constables. He has fully supportedthe prosecution version. He had sent the Ruqqa Ex. PW-15/a to thepolice station through Constable Matloob Ali andon thatbasis the case was registered. He interrogated the appellantjaibhagwan,who thereafter made adisclosure statementandgot recovered one Kurta and Pyjama. The clothes were kept in a sealed parcel sealed with the seal of ks . On 8. 1. 1991 accused Phool Hussain was arrested. PW. 15mentionedthathehadarrestedtheappellant formallyon7. 1. 1991afterhemadethedisclosure statementand primarily because the key of the house was produced by him. ( 16 ) APPELLANTJAI Bhagwan s statement undersection 313cr. PCwas recorded. In reply to questionno. The clothes were kept in a sealed parcel sealed with the seal of ks . On 8. 1. 1991 accused Phool Hussain was arrested. PW. 15mentionedthathehadarrestedtheappellant formallyon7. 1. 1991afterhemadethedisclosure statementand primarily because the key of the house was produced by him. ( 16 ) APPELLANTJAI Bhagwan s statement undersection 313cr. PCwas recorded. In reply to questionno. 1he mentionedthat he came to know about the suicide ofhis sister-in-lawandhe accordingly informedthepolice. Theappellant did not deny the fact that he had produced thekeyofthe house No. J-II. Purannagar,palam colony. The body of deceased was found hanging inthis house. ( 17 ) ACCORDINGTOTHE prosecution the appellanthad developedintimacy with his widowed sister-in-lawwhich ledtoherpregnancy. Inordertoavoidany insurmountablesocialignominyandembarrassmentthe accuseddecided to eliminate Raj Rani. According to the prosecutionthe accused appellant had a strong motive to committhiscrime. The prosecution also relied onthe photographex. P. 14 which was found at the time of search oftheroominwhich the dead body ofrajraniwas hanging. In the said photograph the accused appellant is holdingthehand of his widowed sister-in-law,whois havingher left arm around the shoulders of theaccused appellant. ( 18 ) DR. L. K. BARUAH, PW. 18, who had conductedthe post mortem examination found a small foetus of about one and a half months duration. According to the prosecution thiscircumstancefurther strengthenstheprosecution casethat Raj Rani had conceived from the appellantand inorder to save ignominy and family honour theaccused had eliminated her. ( 19 ) IN D. D. No. 21 the appellant gave his residential addressas J-ll Puran Nagar, Palam Colony. Even inhis statement undersection313same address was given. Thisisthe place where the dead body ofdeceasedraj rani was found hanging. ( 20 ) ANOTHERMOSTIMPORTANT circumstancewhich connectsthe accused with the crime is production of the keyby the accused before the Investigating Officer,si mahindersingh,pw. 15. The house was lockedandonly after the key was provided by the appellant the house was openedinwhichthe dead body of Rajraniwasfound hanging. Itmay be pertinent to mention that PW-15si mahindersinghandpw. 7constablematloobaliwere cross-examined at length, but the defence could not shake the credibility of these witnesses to any extent. ( 21 ) ANOTHERIMPORTANTCIRCUMSTANCE in this caseis thatthere were multiple injuries on the face andinner aspect of lower lip of the deceased Raj Rani was bruised. Thebloodwasoozingout ofthoseinjuries. PW. 18 dr. Baruahobservedseveral bruises on the left sideof theface,lowerpart of the neck andmultiplelinear marksallaround the mouth resembling nail marksshows thathermouth was pressed with great force toprevent her from crying and consequently she received a number of injurieson her mouth. Thebloodwasoozingout ofthoseinjuries. PW. 18 dr. Baruahobservedseveral bruises on the left sideof theface,lowerpart of the neck andmultiplelinear marksallaround the mouth resembling nail marksshows thathermouth was pressed with great force toprevent her from crying and consequently she received a number of injurieson her mouth. Ordinarily no woman whocommits suicide would have such injuries. This circumstance also corroboratesthe prosecution version that it was in fact notacase of suicide, but murder which wasgiventhe name of suicide by the appellant. ( 22 ) ANOTHER significant circumstance which corroboratesprosecutionversionarethephotographs which were taken and are part of the record, wherein, the deadbody is seen hanging from the ceiling fan, the feet ofthedeceased were touching the floor. Thiscannot ordinarilyhappenin a case of suicide. Normallythe jumpis taken from a higher level and a stool or a table iskeptwhichisremovedandthereafteronecan comprehend a case of suicide. ( 23 ) THELEARNEDADDITIONAL Districtandsessions judge also relied on another important circumstance which connectthe appellant with the crime is the recoveryof kurtaandpyjama Ex. P1 and P2 at the instance ofthe appellant. Bothpw. 15,si Mahindersinghandpw. 17 inspector Kapoor Singh meticulously supported the case of theprosecutionandtotally discardedthetheoryof suicide. ( 24 ) THECHEMICAL Examiner detected B group bloodon the Kurta and Pyjama of the accused. It is clearly borne outfrom the evidence on record that in the family there wasonlyonemalemember livinginthathouseand therefore,itcan be reasonably inferred that themale clothes belonged to the appellant. ( 25 ) MR. DINESHMATHUR,learned seniorcounsel appearingforthe appellant argued that there aremany seriouslacunas in the prosecution version and itwould notbesafe to base conviction on the basis ofsucha qualityofevidence. Mr. Mathur submittedthatthe appellantwas resident of Haryana and was only acasual visitorto Delhi and merely because key of the house was given by him on demand to the police officials should not leadto the conclusion regarding guilt of the appellant. Onscrutinyoftheentirerecordandtheimpugned judgementwecan safely say that appellant sproducing the key of the door of the house from which the dead body ofdeceasedwasrecovered is indeed averyimportant circumstance which connects the appellant with the crime. Similarly,ifthe appellant is the resident ofharyana andonly a casual visitor to Delhi, then ordinarilythe key of the house should not be found with the appellant. ( 26 ) MR. MATHUR also argued that the prosecutionis silentregarding whereabouts of mother and sister of the appellantwhousedtoresideinthathouse. The prosecution snothighlighting thisaspectdoesnot affect the credibility of the prosecution version. ( 27 ) MR. Mathuralsosubmittedthattheintimate photographof the appellant with the deceased should not leadtotheinferencethattheyhadillegitimate relationship,wehave perused the photographex. P. 14. ( 26 ) MR. MATHUR also argued that the prosecutionis silentregarding whereabouts of mother and sister of the appellantwhousedtoresideinthathouse. The prosecution snothighlighting thisaspectdoesnot affect the credibility of the prosecution version. ( 27 ) MR. Mathuralsosubmittedthattheintimate photographof the appellant with the deceased should not leadtotheinferencethattheyhadillegitimate relationship,wehave perused the photographex. P. 14. The photograph gives an impression of a normal photograph ofa husband and wife. It is most unusual for a widowed sister-in-lawtohavesuchaphotographwithher brother-in-lawparticularly from the social stratafrom which appellant and deceased belonged. ( 28 ) MR. MATHUR placed reliance on the following judgmentsofthe Supreme Court Sakharam vs. Stateof madhya Pradesh JT 1992 (1) SC 515, Tori Singh and Another vs. State of Uttar Pradesh AIR 1962 SC 399 , and Jagdish narainand Another vs. State of U. P. JT 1996 (3) SC89. wehavecarefully analysed these Judgments. As faras legalpropositionsare concerned, there isnoquarrel with the same. But this is one of the most unusual cases whereeachcircumstanceunequivocallyleadstothe inference that the appellant alone in all probability had committed this crime. ( 29 ) ITIS the settled position of law that in a case whichisbased on circumstantial evidence the chainof circumstancesshould be so complete as to excludeevery hypothesisconsistent with the innocence of theaccused andmust unequivocally lead to the inference that itis theaccusedalone in all probability who committedthe offence. In the instant case, allthecircumstances, whenproperly examined, lead to the conclusion thatthe appellantalonewas guilty of committing the murderof deceasedraj Rani. He had a strong motive of committing thiscrime and all circumstances comprehensively exclude everyhypothesis,consistent with the innocence ofthe accused appellant. All these circumstances unequivocally leadto the inference that the appellant accused inall probabilityhadcommittedthiscrime. Thelearned additionaldistrictandsessions Judgehascarefully examinedtheentireevidenceonrecordandinour considered opinion came to the correct conclusion. ( 30 ) IFWEEXAMINE the instant case on the basisof thesettled legal position as crystalised by a number of judgmentsofthesupreme Court, thepositionbecomes abundantlyclearthatinacaseofcircumstantial evidencetheconviction can only be sustained whenthe chainisabsolutely complete and there arenomissing links. In the instant case important links of the chain suchas key, photographs, pregnancy of the deceased, the post mortem examination finding a small foetus of one and half months duration, recovery of blood stained Kurta and pyjamaandbed sheet, the blood group ofthedeceased matched with the blood group found on Kurta and pyjama of theappellant, photograph of the deceased hanging on the ceilingfanshowingthat her feetweretouchingthe floor,injuries all over on the lip and the face ofthe deceased form all important links of the main chain. All linksformacompletechainsoastoexcludeall hypothesis consistent with the innocence of the accused. ( 31 ) WEHAVE carefully considered the entire evidence onrecordand heard learned counsel for the partiesat length. In our considered opinion, the prosecutionhas beenableto establish its case beyondanyreasonable doubt. All the circumstances put together lead toonly conclusioni. e. guilt of the accused appellant. In our opinion,nointerferenceiscalled forinthewell reasoned judgment of the trial court. ( 32 ) WEHAVE not dealt with the case of Phool Hussain because,accordingtothe submissionofthelearned counselforthe State, Mr. Chadha, no appeal hasbeen preferredbythe State against the acquittalofphool hussain. ( 33 ) BEFOREPARTINGWITH this case we would liketo observethat the prosecution has been able toestablish the guilt of the accused primarily because of sincere and honest investigation. ( 34 ) THIS appeal is accordingly dismissed. The convictionimposedby the Additional Sessions Judgeis confirmed. Thebailbondexecutedbytheaccused appellantiscancelled. The appellant who isonbail shallbetakenintocustody forthwithtoservethe remaining part of the sentence.