Puran Singh v. State

SANJIV KHANNA, J.

S.P. GARG, J. OCTOBER 12, 2012 NA/VKR

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12th October, 2012 + CRIMINAL APPEAL.100/2009 PURAN SINGH ..... Appellant Through Mr. A.J. Bhambhani, Advocate with Ms. Nisha Bhambhani and Ms. Bhavita Modi, Advocates. versus STATE ..... Respondent Through Mr. Sanjay Lao, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P.GARG SANJIV KHANNA J. (Oral) In this first appeal, Puran Singh impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC), for murder of his wife Babita, vide judgment dated 11th April, 2007, passed in S.C.No. 32/2005, arising out of FIR No.418/2004, Police Station Farsh Bazar. By the order on sentence dated 13th April, 2007, he has been sentenced to imprisonment for life and fine of Rs.2,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for six months. 2. There is no eye witness in the present case and the prosecution relies upon circumstantial evidence. 3. The homicidal death of Babita stands proved from the testimony of Dr. K. Goyal (PW-2) who had conducted the Post Mortem of Babita, aged 40 years, on 7th December, 2004 at about 2.45 P.M. PW- 2 stated that rigor mortis had passed off and post mortem staining was inconspicuous due to decomposition. She had further observed as under:- "…………Conjunctiva suffused with hemorrhagic area, cornea was hazy, mouth was partly open, tongue was intact, nails was dark bluish, blood/tinzed discharged from nose and mouth. Fecal discharge was present. There was whitish, dry, sticky material deposited around vagina. The following injuries were found: 1. Diffused bruising over tip of nose, both alanasil both lips bruised orally against the teeth as well as externally with laceration of lower lip about 1.25 cm. long on the left side. 2. Coalesced contused abraded area 5.5× 3 cm transversely placed in front of neck, midline and surrounding area both sides of neck on and above apple of adam. Also multiple small curve scratch mark resembling nail mark irregularly placed on both sides front of neck upper part of sizes between .6 to .9 cm. The colour of skin above and below the injuries is much darker. 3. Diffused bruise 2.5× 1.5 cm. over middle front of right forearm 2×1.5 cm. over upper front of left front forearm and 3×2 cm over middle and lateral of right arm. Internal examination: Scalp tissues and skull bone were intact. Mannings were intact. Brain matter intact but so softened due to decomposition process. Base of skull was also intact. On reflection of skin of neck, massive subcutaneous and platysmal bruising seen over front of neck both sides. Deeper neck muscles also bruised with diffusion of liquid/blood in neck layers. Decomposition changes also seen in soft tissues. There was inward fracture subluxation of right greater conua of thyoid with massive bruising. Thyroid cartilage, cricoids cartilage and trachea was intact. Epiglottis and larynx were bruised. Tracheal mucusa showed sings of early decomposition with little sero sanguinous discharge in trachea." 4. PW-2 opined that cause of death was asphyxia, as a result of combined impact of throttling (manual strangulation) and smothering. All injuries were ante mortem in nature. Injury No.1 was caused by grip pressure over nose and mouth. Injury No.2 was consistent with manual grip over the neck. Injury No.3 was caused by blunt force impact. Time of death, as opined, was about two days from the date of the post mortem. Asphyxia was sufficient to cause death in ordinary course of nature. The Post Mortem Report was proved as Ex. PW-2/A. 5. The most important and relevant witness is Nitin Kumar Verma (PW-3), son of the appellant-Puran Singh and the deceased- Babita. He resided with his parents, at 8/27, Gurpai Mohalla, Circular Road, Shahdara, Delhi and worked in a bank. He has stated that his mother used to stitch clothes but his father was unemployed and remained in the house. PW-3 exhorted that his father used to suspect his mother, which led to