MULAK RAJ AND ORS . versus STATE OF HARYANA

Citation: [1996] 1 S.C.R. 791 · Decided: 19-01-1996 · Supreme Court of India · Bench: G.N. RAY · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

MULAK RAJ AND ORS . 
A 
. 
.. 
v. 
STATE OF HARYANA 
JANUARY 19, 1996 
[G.N. RAY AND S.B. MAJMUDAR, JJ.] 
B 
-. 
+ 
Indian Penal Code, 1860: Sections 302 read with 34 and 201. 
Dow1y death-Husband and other relatives-Circumstantial evidence-
Conviction based on-Validity of 
c 
Deceased a highly qualified and manied lady-Dead body found in 
kitchen-No suicide note found-Prosecution version-Deceased done to 
death by gagging-Dead body planted in kitchen-Version corroborated by 
medical evidence-Held it was a case of homicidal death and not suicide. 
D 
Circumstances in support of guilt of accuserJ-Motive-Dowiy-Held 
established on facts-Extra-judicial confession of accused--Unreliable and 
uncon-oborated version-Held not a circumstance establishing guilt of ac-
cuserJ-Subsequent conduct of accused-Not revealing culpability of ac-
cused-Mere fact that all accused lived in same house where dead body was E 
found-Held by itself not sufficient to connect accused with crime-Accused 
held entitled to benefit of doubt. 
Police-lnvestigation-Lukewann and cursory approach-Deprecation 
of 
F 
K was found dead after about two months of her marriage. Her burnt 
dead body was found in the kitchen of her matrimonial home. K's father-
in-law, A-1, her husband, A-2, younger sister of the husband, A-3 and 
sister-in-law of K's father-in-law, A-4, who were all living in the same 
house, were charged with the offence of murder under Section 302 read G 
with section 34 of the Indian Penal Code, 1860. The prosecution case was 
-
\ 
that K was done to death by gagging her nose and mouth and she died 
because of suffocation and thereafter her dead body was planted in the 
kitchen and was subjected to post mortem burning. The prosecution relied 
upon four aspects of the case viz. (i) motive; (ii) extra-judicial confession 
of A-1 and 2; (iii) subsequent conduct of the accused persons; and (iv) the H 
791 
792 
SUPREME COURT REPORTS 
(1996] 1 S.C.R. 
A situation of the scene of offence. 
B 
The alleged motive for the crime was dissatisfaction of the accused 
persons with dowry. The evidence in this regard was that of the father of 
deceased K, PW-23. He deposed that at the time of the marriage he gave 
seven tolas of gold and other articles worth Rs. 25,000. He could not 
provide refrigerator, television and tape-recorder as demanded by the 
accused person dnring 'Shagun' ceremony in the presence of PW-13, an 
employee of PW-23. Further during her visit to her parent's house after 
marriage K told her elder sister, PW-16 that her in-laws were harassing 
and threatening her for insufficiency of dowry. The evidence was also 
C corroborated by other independent witnesses viz. PW-22, a doctor, PW-17 
and PW-26 to whom K had complained about dowry demands and conduct 
of the accused persons. 
K's husband and father-in-law were also stated to have made extra 
judicial confessions to two persons viz. PW-IO, a member of the adhoc 
D committee of Janata party and PW-13, an employee of the father of 
deceased K. 
To substantiate the guilt of the accused persons their subsequent 
conduct was also relied on by the prosecution. Firstly, they did not inform 
E the father of the deceased who was staying in the near vicinity about the 
death of his daughter. Secondly, none of the accused was found to be 
lamenting or' weeping when being apprised of the incident. Lastly the 
father- in-law of the deceased K wanted to remove the dead body for 
prompt cremation but only on the insistence of PW-23 he was not per-
mitted to do so. 
F 
G 
As to the scene of occurrence the version of PW-6, a neighour of the 
accused person was that on the day of occurrence he heard the cries of 
accused No. 4 that there was fire in the kitchen. As the kitchen was bolted 
from inside he broke open the door and found the dead body lying there 
in a burnt condition. There was evidence to show that there was a service 
window in the kitchen about 3 feet from the ground floor level which was 
open and from which at least with difficulty anyone from inside could come 
out. Further evidence in this regard was that of PW-14, sister-in-law of 
deceased K, who on the date of occurrence went to the house of accused 
·persons to invite K for the meals on the Baisakhi day. On coming to know 
H of K's death she informed the father of the deceased K who immediately 
( 
' 
' -
• 
MULAKRAlv. STATE 
793 
rushed to the spot and by that time the husband and father-in-law of the A 
deceased had reached 

Excerpt shown. Read the full judgment & AI analysis in Lexace.