LAW FOR ALL

sec. 302, 498 A = Non - Explanation of LIGATURE MARK by Accused while joining his wife in the Hospital = There was 10 cm long ligature mark of dark brown colour extending from left sternocleide mastoid to the right sternocleide mastoid below cricoids cartilage, reddish brown in colour, abrasion to be on the right side. Ligature mark encircles the neck only on front side. No encircling of the neck on the back and away from sternecleid mastoid. There was ligature of 1.5 cm wide or less than it at places (ligature used was not presented by the police at the time of postmortem examination). It was not with the body either. No abrasion/brusises on the mouth, nose, cheeks, forehead. Lips were blue. Tongue was in drawn, plinching of teeth, on opening base of tongue swollen. No injury to tough, clinching of hands present.= High Court at Shimla, acquitted the accused­respondent by allowing the appeal and set aside the order of conviction under Section 302 IPC and Section 498­A IPC with sentence thereunder, passed by the Sessions Judge, Hamirpur, HP on 13th June, 2002. = Post mortem report(PW­10/A) prepared by Dr. K.C. Chopra(PW­10) shows that there was ligature mark on the neck of the deceased. - the ligature mark of 10cm long and 1.5 cm. wide in horizontal position cannot be caused by hanging but could have been caused by strangulation. Medical evidence, therefore, completely falsify the case of accused no. 1(respondent herein). The conduct of the accused no. 1 was also not natural. When he found his wife hanging, he neither made hue and cry nor called the villagers nearby. He along with others brought down the body of the deceased. He, even thereafter, did not report the matter immediately on his own to police.= Therefore, we find that all the findings by the Division Bench of the High Court, rejecting the evidence of Dr. K.C. Chopra (PW­10) and other material witnesses including Kartar Chand (PW­3) and Prem Chand (PW­5) are clearly unsustainable, whereas those given by the Trial Court accepting the evidence of these witnesses were weighty and sound. Hence, we allow the appeal and set aside the impugned order of acquittal passed by the Division Bench of the High Court of Himachal Pradesh on 16th November, 2004 and convict the accused­respondent under Section 302 IPC for the murder of his wife, Vidhya Devi and sentence him to imprisonment for life. We, thereby restore the order of conviction passed against the accused­respondent by the Trial Court. The accused­respondent shall surrender immediately to serve out the remainder of the sentence.