S1pllmb-r 28 v. T/,. Stali of BU.or

woman met him at his office at Patna in the first week the Sessions Judge of September, but his case before was that this was not on the 3rd but on the 2nd. In under section 342, Criminal Proce answer dure Code by the learned Sessions Judge, he admitted the Income-tax Office at Patna, to see him and he made her stay in the house of the Chowkidar and that he took her from the chowkidar the evening on a rickshaw. But he maintained the 2nd and not on the 3rd that all and said that after taking her from the lodgings of the chowkidar, at Patna on a rickshaw, he got down the crossing and gave her money and sent her away. He also added she had that once come to his office to demand money. His case that he the 2nd and met the deceased woman at Patna on the 3rd was not accepted by both the courts not on the evidence of the peon, below. Not only ·was in support of 12, and P.W. the 3rd but the prosecution case as to the date being a responsible and educated person like the Inspector has been the same from his personal alleged, has also spoken to knowledge. the appellant when he was questioned under section 342, Criminal Procedure Code the Committing Magistrate did not specifically put forward his case that it was on the 2nd and not on the 3rd, that he in Patna. His answers in that court were bare denials when he was asked whether he saw Parbati Devi at Income tax Office on the 3rd and whether he asked the chow for the to remain whole of deceased at Patna on the' 3rd the circumstances, appears the following deceased at Patna the 3rd, that .he took charge of her th~t evening from the quarters taking her in a travelling with her by rickshaw, the 2nd and not on In to be afterthought. facts, viz., the day. His present case that he met against whom nothing the woman at his office that the appellant met Income-tax Office on the chowkidar of is also significant the office by the court of to allow her that he was i.n his house Income-tax, the Patna It 1955 Dlonandan Mishra v. Thi State of Bihar Jagannadhadas J. 2 S.C.R. SUPREME COURT REPORTS 575 train at about 11 railway the night Chakand Gaya, must be taken established as found by both the courts below. or 11-30 P.M. at the towards to have been fully and clearly and proceeding station The next them were authorising him time before the prosecution to the Secretary, Anath Ashram, had a strong motive is urged for the defence the marital snapped, the record by important circumstance alleged against is the existence of a strong motive. That the relations between both completely strained, and tie was virtually (though not legally) is admitted and is clearly borne out on the Thyagpatra which he gave 1945 to an to get her married It is also admitted that the appellant other person. had married a third wife some this mur der. The suggestion for is that in these circumstances and having regard to the bad reputation which this woman had gathered round her, in view of the fact as the evidence clearly shows, and that she started troubling him by visits at his office, to commit the appellant murder. It that this woman must have had a p.umber of persons with whom she must have been carrying on she must have provoked strong jealousies of various the place where she was ad persons time prior to her mittedly moving for at that any one of such persons might have murder and had much s~ronger motives the crime. to commit Now, while is perfectly is no clear true that there the life and movements of this woman evidence about from about October, 1947 to August, 1953, there can the Court, be no doubt the existence of a strong motive on the part of the appellant indicated. As has been already clearly the appellant in the year 1945 stated this woman left jn the Anath Ashram, Gaya. Ex. 2 and took shelter (a), a Thyagpatra executed by the appellant on 12th October, 1945, shows that he purported to give up all rights , over this woman as a husband and to get her married authorised according Thyagpatra, he als0 sent a the Secretary~ Simultaneously with letter the Ashram to her choice. that on the material before love intrigues and in and around least some to arrange 1955 ... Dlonandan Mi1hta Till Stall of Bihm l•1annadhadas ]. 576 SUPREME COURT REPORTS [1955] Anath Ashram, Ex-2-A(l), which is as follows: "It this, submitted is submitted to me. As that I have duly filled near about it will bring to the Ashram Samiti and in any other State, because the tyag (divorce form) in connection with my wife Par the Ashram. the same bati Devi and Besides I pray Bibah Samiti, with my folded hands that they should keep in mind to get Parbati Devi married at a very distant woman of such a loose character that if she is married ill fame to the to a place I am an employee in the A&hram and Police department, it shall adversely affect my service. I pray you not to refuse my prayer". The state of mind of the appellant as disclosed in this letter furnishes a clue as to how his mind would have reacted when in spite of her having been married away at a distant place, she came. back and was virtually knocking about to place between Patna and Gaya and went so far as to meet him in the very to demand money. It is office where he was working the state strongly urged that of his mind about eight years prior to the murder. But in view of his own admission that she started troubling rum again by visiting rum at his office, and demanding money at least on two occasions including the 3rd September, the courts below were per that on fectly justified that a strong present motive on the part of the appellant has been made out. tills letter only shows in considering from place the evidence as to the appellant urges that the Learned counsel for existence of the motive and appellant having been last seen travelling in the train with tills woman on the night of the 3rd September a few hours prior to the time of the murder, even if be lieved are, at best circumstances whlch may create a they are not enough by ~trong suspicion but the guilt of the accused. It themselves to make out is pointed out that there the ap is no evidence the deceased woman were found getting pellant and down at they were both found proceeding towards Kabristhan after so getting there is some gap in the evidence down. Undoubtedly the Gaya station or 1955 D1onand1Jt1 MlshrtJ T. Th6 Stale of Blhar Jaganna4/uulu J. 2 S.C.R. SUPREME COURT REPORTS 577 in evidence at this point. But their getting down at Gaya or proceeding towards Kabristhan must have taken place at or after midnight. that Kabri It is sthan was on the out-skirts of Gaya about a mile and a half from the Gaya police station, on the bank of that there was no human habi the river Phalgu and about 100 yards of the place. The ab tation within therefore, as to the appellant the murdered woman towards Kabristhan or near about Kabristhan cannot be denied, however, that if is intelligible. the circumstances against the appellant stopped short there may be room for hesitation. There this poin::, relied upon by the further circumstances are however courts below and to be noticed and con they require sidered. of any specific evidence, having been seen with It the neck, and this offence on getting information that he These further circumstances are ( 1) the finding of the dead body, a blood-stained knife (pen-knife) near the existence of certain injuries upon the per and (2) son of the appellant when he was arrested on the 6th. The evidence of P.W. 23, the officer-in-charge of Kot to investi wali police station, Gaya, who proceeded thereof at 7 A.M. on the 4th September shows then found the dead body of the woman, in a pool of blood under there was found neath and near the time a blood-stained knife near the head. This seized and marked as Ex. 1. The prosecu knife was tion has given evidence of three witnesses, P.Ws. 11, 13 and 18, who the Daftari, Chaprasi and to the Income-tax the appellant was working, that Office, Patna, in which they had seen with the one which was shown to them in Court, as having been found by in cross these P.W. 18, examination that he had never seen such a knife "be fore". The appellant, while in his examination under section 342, Criminal Procedure Code admitted he used to keep a knife for mending pencil, denied the one which was found by the side of the dead body, was the side of the Income-tax Inspector says the appellant a knife similar the Inspector respectively attach the dead body. Out the knife, produced in court as being 578 SUPREME COURT REPORTS [1955] 1955 IJ.oMndan Misl1'a v. Tl# Stal1 of Bihar Jagannadlia4as J. his or was on behalf of the defence to have. The learned this criticism as follows:- the one he kept. It was strongly urged the appellant used the High Court met there was no the very knife which Judges of this was the appellant prior "Of course no witness could have possibly de the knife which was in possessioa posed that this was the knife which they of the appellant. They say that had seen with the occurrence to the one . which was found in a was a knife similar the dead body. We have blood-stained condition near that knife for ourselves and it has a pecu examined its own. The knife has an ivory handle. It liarity of has a cork screw and a bottle opener-all combined. A knife this description, therefore, can be identified and it is not one of the kind which can be said to be an ordinary one". In view of learned to the evidence of P.W. 18, Judges who, though he did not speak of these peculiar fea that he had never seen tures, has categorically said to disagree with such a knife before, there is no reason the finding of find of this knife near the dead body is a strong circumstance against the appellant. the above observation by the High Court that and having regard injuries on his. body at ( 1) One wound on the left The next circumstance found against (2) one wound on (3) two abrasions the appellant the time of is the presence of his arrest the 6th. P.W. 24, a Civil Assistant Surgeon of Gaya who examined him at 6 P.M. on t11e 6th of September, found the following four simple juries on his person. the back of left hand near finger, in front of right knee, and thumb, In his ( 4) one small abrasion in front of left knee. opinion, the injuries were. all about three days old. Numbers 1 and 2 might have been cawed by a sharp edged weapon such as a pen-knife and injuries 3 and 4 by some hard and rough substance such as friction the ground. According to him, against the nature and that "if the victim position of the injuries were . such is lying on the ground and if the assailant is over on the victim the victim and he is holding the chest of 1955 DI01lll1lllan Mislrr• v. T"6 StaU of Bihar JaglJlltllllflzadl J. 2 S.C.R. SUPREME COURT REPORTS 579 of the inflicting the possibility by his left hand and if he is injuries near about his left hand the victim is struggling-making injuries Nos. 1 and 2 may the assailant unsteady, then his own weapon and injuries Nos. 3 and be caused by 4 may be caused due to friction against the ground". injuries This answer indicates having been received by. a person while making a the victim with a pen-knife. The murderous attack on appellant when asked in his under section 342, Criminal Procedure examination the Sessions Court (as well as in the Code that he fell down at Jehanabad plat committal court) form on the 3rd due to Dhoti getting entangled, and In support of his explanation he sustained injuries. relied on an applicatiGn for leave sent extension of first by telegram on the morning of the 5th of Sep tember Patna asking for extension of leave followed by a letter of that very date letter was addressed Inspecting Assistant Commissioner of Income-tax, Northern Range, Patna, and runs as follows: to the same effect. The to the Commissioner of Income-tax, injuries stated I wanted leg entangled with as soon as I wanted the train. At the gate of the train for taking a stand on "I beg to state that I started from home from Patna in the night train of 3rd September 1953. When the train stopped at Jehanahad to come out the platform due to unbearable heat compartment to come out my lower part of my dhoti resulting instantaneous fel~ down from the train. Due the knees and injuries at both to this accident I got the cut marks the b~ck of my left palm. I there fore request you to kindly extend my leave up to 10th September, '53". When questioned under section 342, Criminal Pro cedure Code before the ex the Sessions Court about his leave, he said "I was a stenographer. tension How can have I typed when my It to extend jured. Hence to us, however, very doubtful, having regard appears to the nature of the injuries, whether this can be the real reason for his extending the leave. He does not left hand was leave". I wanted 1955 D10rumdan Mishra v. Thi State of Bihi:ir Jagannadh.atla1 ]. 580 SUPREME COURT REPORTS [1955] fall on it was so likely suggested so specifically the Doctor in his application leave. Nor, does it appear the medical evidence how injuries Nos. 1 and 2 could have been caused by railway platform. In the cross the alleged examination of that if is a broken glass piece lying on the ground and if during the fall the hand · came in violent contact then such that piece of glass, injuries may be in his explanation and in the appellant caused. But the application for leave does not say anything which the hand indicates that he received from a .. Qiece of glass. In of the evidence, it cannot be said the courts below were not justi to the conclusion which they did, viz., fied in coming for the injuries was false and the injuries may well have been received on the occasion of the murder. the explanation of the injuries on the appellant this state Summing up, the various facts which formed links in the chain of circumstantial evidence m case, may be stated to be as follows :

#1. There was a fairly strong motive in question. the murder to cofnmit pellant for the ap

#2. He took charge of the quarters of the evening of tax Office, Patna, and leaving a rickshaw. the murdered woman on the 3rd September by taking her out Income the place with her the chowkidar of

#3. He was found which was proceeding to Ga ya railway station and P.M., must have been murdered. 4. The knife, which i.e., a few hours prior- to travelling with her by a train that night, at Chakand this was at about 11 or 11-30 time when she looked like the one which he was known to be using in his office and which was not of a common pattern, was. found just by the side of the head of the murdered woman stained with blood. 5. V!hen he was arrested two and a half days after the murder, he had simple injuries on his hand and the knees which might well have been received, accord in an assault on the mur dered woman with the knife above mentioned. to the medical evidence, 1955 Deonandan Mishra v. The Stak of Bihar Jagannadhadas J. 2 S.C.R. SUPREME COURT REPORTS 581 the case These circumstances taken together, advance against the appellant very much beyond suspicion and reasonably and definitely point to the appellant as the person who committed the murder. In such a situa tion the fact that he has no explanation to offer as to how, after having taken charge of this woman on the evening of the 3rd at Patna and after having travelled with her the train that very night towards Gaya, he left the woman, where and how he parted company with her and what became of her so far as he knows, that on the goes a long way against him. The fact other hand he tries from her company at the relevant time by putting fo1ward for the first time in the Sessions Court, the story of hav ing met her at Patna on the 2nd September and of his having parted company with her that evening at some crossing after giving her some money, which is pa tently false, is very significant. The further the explanation for his injuries appears to be false is telling significant. These false explanations are circumstances which, circum the other facts such as stantial evidence this case, are enough to bring the guilt home to the accused. in a case depending on to dissociate himself taken with the medical evidence of To combat this conclusion, learned counsel for the appellant drew our attention to the nature and posi tion. of the injuries on the body of the deceased woman as disclosed by the Doctor, P·W. 17, who conducted the post-mortem examina indications at the site of the the various tion, as also to by the police occurrence, as found and spoken officer,, P.W. 23, who was the first officer to go to informa scene by about 7 A.M. on the 4th on receiving tion. He also drew our attention the report of the Serologist and Chemi according cal Examiner, no human blood appeared to have been found on the bodice found lying near lying and that neither the bodice showed anv in dication of having been torn or tampered with , and that on the other hand face upwards. These features absolutley naked with the place where the dead body was the body was the saree and the saree nor the fact 1955 DllJIUlnllan Mislita v. Tiu State of Bifuw Jagamuzahadas J. r 582 SUPREME COURT REPORTS [1955] into service arrived at by the .. position of to that the murder was leave, we are not prepared for a strong argu· have all been pressed ment that the murder must have been the act of more than one person and probably having its source in sex jealousy. We have very closely and anxiously gone the matter by carefully scrutinising this aspect of this behalf. It is unnecessary the entire evidence the same. Whatever may have been to recapitulate on the spot and the method by the actual situation in_ fact committed-a matter the mur for mere speculation-we are satisfied der could have been committed by a single individual the appellant. Sitting in an appeal to say by way ·of special that the medical evidence and other concomitant cir to compel a conclusion con cumstances were such as the Courts below. It is in a case of circumstantial evidence not only should the various links the chain of evidence be the completed chain must be clearly established, but such as the in likelihood of like this where nocence of the accused. But links as stated above have been satisfac the various tody made out and to the appellant as reasonable the deceased as re definiteness and time and situation, and he offers no explanation, which if accepted, though not proved, would afford a reasonable basis the entire case for a conclusion on consistent with his innocence, such absence of expla nation or false explanation would itself be an addi tional link which completes the chain. We are, there this is a case which satisfies fore, of the standards requisite for conviction on the basis of circumstantial evidence. the prqbable assailant, with the circumstances point to rule out a reasonable in proximity the opinion in a case We find, therefore, no sufficient reason to differ from this appeal lower courts and the view taken by the must accordingly be dismissed.