LexHARIJAN BHALA TEJA versus STATE OF GUJARAT
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[2016] 2 S.C.R. 203 HARIJAN BHALA TEJA v. STATE OF GUJARAT (Criminal Appeal Nos. 2031-2032 of2008) ·APRIL 27, 2016 [A.K. SIKRI AND PRAFULLA C. PANT, JJ.) A B Penal Code, 1860: ss. 302, 201 - Prosecution case was that appellant-husband strangulated his wife-deceased to death and buried her without informing and waiting for arrival of any of the C relatives from the parental side of deceased - Father of the deceased received information about the death of his daughter after JO days and suspected foul play on part of appellant - Body was exhumed - Trial court acquitted the appellant holding that the prosecution has failed to prove charge - High Court convicted the appellant u/ ss.302 and 201 - On appeal, held: Medical evidence corroborated D homicidal death of the deceased - Appellant was staying with his wife at the time of the death, ii was for him to show as to in what circumstances she died particularly when prosecution has successfully proved that she died homicidal death - Prosecution witnesses deposed that the appellant used to beat the deceased and with the help of Sarpanch matter was attempted to be settled - Charge as against the appellant stood proved beyond all reasonable doubts that he committed murder of his wife and attempted to destroy E the evidence by hurriedly getting buried the body - No reason to interfere with the order of the conviction passed by High Court - Evidence Act, 1872 - s. l 06. Evidence Act, 1872: s.106 - Burden to prove - Death of a women - Held: It was only the husband-appellant who was staying with his wife at the time of her death to show as to in what manner she died particularly when the prosecution proved successfully that F she died homicidal death. G Criminal law: Acquittal by trial court - Interference by appellate court, scope of - Discussed- Penal Code, 1860 - ss.302, 201 . • Words and phrases: 'Strangulation' - Meaning ~f 203 H 204 SUPREME COURT REPORTS [2016] 2 S.C.R. A Dismissing the appeals, the Court HELD: 1. No doubt, where, on appreciation of evidence on recorJ, two views are possible, and the trial court has taken a view of acquittal, the appellate court should not interfere with the same. However, this does not mean that in all the cases B where the trial court has recorded acquittal, the same should not be interfered with, even if the view is perverse. Where the view taken by the trial court is against the weight of evidence on record, or perverse, it is always open for the appellate court to express the right conclusion after re-appreciating the evidence if the c charge is proved beyond reasonable doubt on record, and convict the accused. In the present case, the High Court, after re- appreciating the evidence on record held that the findings of the trial court were found perverse and not supported by the evidence on record. [Para 12] [209~C-D] 2. Admittedly, the appellant and the deceased were living D together in the house when the death of appellant's wife occurred. E F It is also not disputed fact that no post mortem examination was got done, nor any information was given to the police regarding the death of the deceased, by the appellant. Of course, in the case of natural death there is no such necessity. However, even in the case of natural death, the normal conduct on the part of a husband would be to inform the relatives of parental side of the deceased wife, and then to perform the last rites. It is evident from the record that the appellant, who used to live with his wife (deceased) did not bother to inform his father-in-law or any one in his family. In reply to question recorded by the trial court under Section 313, Cr.P.C., the appellant has stated that his wife died during delivery, but record showed otherwise. [Para 13] [209- E-G] 3. PW-5, who conducted post mortem examination on 4.3.1985 (after the dead body was exhumed on 2.3.1985) has G recorded external and internal injuries on the body of the dead body in the autopsy report. The explanation given by the appellant regarding ante mortem external injuries found half round neck with fracture of the hyoid bone which suggests only strangulation. Modi's Medical Jurisprudence and Toxicology on strangulation H explains that strangulation can be defined as the compression of HARIJAN BHALA TEJA v. STATE OF GUJARAT 205 the neck by a force other than hanging. Ligature strangulation is A a violent .form of death, which re
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