TaxTMI 
TaxTMI 
2018 (10) TMI 2015
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....e alright. They were unable to take him to the hospital because of rains and the unavailability of an ambulance. According to the post-mortem report proved by PW-6, Dr. Ritu Raj Chaliha the deceased had the following injuries on his person: (i) Chop wound of size 11 cm x 2 cm x muscle deep present on left side of cheek 6 cm medial tragus and 1 cm above angle of mandible. (ii) Chop wound of size 9 cm x 2 cm x muscle deep present back of occipital region. (iii) Chop wound of size 4 cm x 2 cm x muscle deep present on left side of forearm. (iv) Laceration of size (5 x 4) cm present over left wrist joint on posterior aspect. (v) Chop wound of size (4 x 1) cm x muscle deep, present over temporal region on right side. (vi) Chop wound of size (6 x 2) cm of muscle deep present over back of scapula. (vii) Fracture of temporal bone on both sides. All injuries were ante mortem and caused by moderately heavy sharp cutting weapon and homicidal in nature. 4. The Trial Court and the High Court held that the present was a case of circumstantial evidence. The last seen theory establishes the presence of the Appellant with the deceased at night. Her unnatural conduct because she was n....
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....dence that he administered a poison, and no poison has, in fact been detected by the doctor, who performed the post-mortem examination, or by the Chemical Analyser. The inference of guilt having been drawn on an examination of a mass of evidence during which subsidiary findings were given by the two Courts below, we have felt it necessary, in view of the extraordinary nature of this case, to satisfy ourselves whether each conclusion on the separate aspects of the case, is supported by evidence and is just and proper. Ordinarily, this Court is not required to enter into an elaborate examination of the evidence, but we have departed from this Rule in this particular case, in view of the variety of arguments that were addressed to us and the evidence of conduct which the Appellant has sought to explain away on hypotheses suggesting innocence. These arguments, as we have stated in brief, covered both the factual as well as the medical aspects of the case, and have necessitated a close examination of the evidence once again, so that we may be in a position to say what are the facts found, on which our decision is rested. 8. The essentials of circumstantial evidence stand well establish....
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....the deceased at 12.00 am. All the three witnesses have deposed that the deceased was of heavy built, because of which they were unable to take him to the hospital on the motor-cycle, for treatment. The post mortem however recites that the deceased was of average built. If the deceased had merely suffered a head injury by fall and was otherwise fit to talk to the witnesses, we see no reason why he could not have been taken to the hospital on a motorcycle. While PW-3 states that the deceased was wearing clothes, the post-mortem report shows that the deceased was brought in an underwear only. The clothes of the deceased were found near the well in a gunny bag. But PW-7 did not consider it necessary to have the blood group examined by the FSL, which in our opinion in the facts of the case is a major lapse. 12. The post-mortem report makes it evident that the chop wounds could not have been caused by the small knife alleged to have been recovered. Fracture of the temporal bone with the knife was an impossibility. PW-6 in the deposition ruled out that the injury could be caused by a fall. The post mortem did not find any alcohol in the body of the deceased. The witness also opined that ....
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.... deflecting that the occurrence took place in a manner other than what may have happened actually. 15. In the background of the aforesaid discussion regarding the nature of evidence and the manner of its appreciation, we deem it proper to set out the English translation in the paper book of defence taken by the Appellant Under Section 313 Code of Criminal Procedure as follows: Ans: On the date of occurrence at about 8-8:30 while I have returned from my work at Satgaon, I saw that my husband was lying in the room with bleeding injury. On my cry, Manoj Deka and his brothers come there with drink in the hand of one brother. Thereafter I saw Manoj Deka was putting Dettol on the wound of my husband. I also rang to 108 ambulance. When, I wanted to call police Manoj Deka, snatched the phone from me. On my crying neighbouring peoples arrived there. I tried to take my husband to medical but due to non-co-operation my Manoj Deka and Ors. I failed to take him to Medical. On that night at about 9.30 expired and Manoj Deka and other neighbours were sitting. Subsequently Manoj Deka has falsely implicated me. I have the suspicion that my husband was physically assaulted earlier at some place b....
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....idered it necessary to take notice of, much less discuss or observe with regard to the aforesaid defence by the Appellant Under Section 313 Code of Criminal Procedure to either accept or reject it. The defence taken cannot be said to be irrelevant, illogical or fanciful in the entirety of the facts and the nature of other evidence available as discussed hereinbefore. The complete non-consideration thereof has clearly caused prejudice to the Appellant. Unlike the prosecution, the Accused is not required to establish the defence beyond all reasonable doubt. The Accused has only to raise doubts on a preponderance of probability as observed in Hate Singh Bhagat Singh v. State of Madhya Bharat AIR 1953 SC 468 observing as follows: 26. We have examined the evidence at length in this case, not because it is our desire to depart from our usual practice of declining to the assess, the evidence in an appeal here, but because there has been in this case a departure from the Rule that when an Accused person but for the word a reasonable defence which is likely to be true,...... then the burden on the other side becomes all the heavier because a reasonable and probable story likely to be tr....