1972 (3) TMI 94 - SC - Indian Laws

Summary

Issues Involved:

1. Whether Mahabir Mandal caused the death of Indira.
2. Whether Indira's death was homicidal or natural.
3. Whether Dasrath Mandal was present at the scene of the crime.
4. Whether Kasim Ansari participated in the removal of Indira's dead body.
5. Whether Mahadeo Sah was aware that Indira had been murdered and participated in the removal of her body.
6. Whether there was a conspiracy to murder Indira and to dispose of her dead body.

Issue-Wise Detailed Analysis:

1. Whether Mahabir Mandal caused the death of Indira:

The prosecution argued that Mahabir had an aversion for Indira and suspected her of illicit intimacy with his second son Rajendra. This was corroborated by letters and testimonies, including a threat by Mahabir to administer a fatal injection to Indira if her father did not take her back. Mahabir's actions after Indira's death, such as arranging for a taxi and disposing of her body in a distant location, further indicated his guilt. The court found that the chain of circumstances pointed to Mahabir's involvement in Indira's death.

2. Whether Indira's death was homicidal or natural:

The post-mortem examination revealed congestion in both lungs and an empty heart, which suggested respiratory failure possibly due to poisoning. Dr. Kamleshwar Singh supported the possibility of death by poisoning. Despite the absence of poison in the viscera, the court concluded that Indira's death was not natural but homicidal, based on the circumstantial evidence and the conduct of Mahabir.

3. Whether Dasrath Mandal was present at the scene of the crime:

There was no reliable evidence to prove Dasrath's presence at the scene. Testimonies from witnesses who claimed to have seen him were found unreliable due to delayed reporting and personal biases. The confessional statement of Mahadeo also indicated that no one else was present in the house when the body was removed. The court concluded that Dasrath's presence at the scene was not proven.

4. Whether Kasim Ansari participated in the removal of Indira's dead body:

The prosecution's reliance on statements made by Kasim and Mahadeo at the police station was found inadmissible. There was no reliable evidence to show Kasim's involvement in removing the body. Consequently, the court acquitted Kasim of the charges.

5. Whether Mahadeo Sah was aware that Indira had been murdered and participated in the removal of her body:

Mahadeo admitted to carrying the dead body and throwing it into the river. The circumstances of the death and the surreptitious disposal of the body indicated that Mahadeo was aware that Indira's death was not natural. The court upheld Mahadeo's conviction under section 201 IPC for causing the disappearance of the dead body to screen the murderer.

6. Whether there was a conspiracy to murder Indira and to dispose of her dead body:

The court found insufficient evidence to prove that Dasrath conspired with Mahabir to murder Indira or that Kasim conspired with Mahadeo to dispose of the body. Consequently, the charges under section 120B IPC for conspiracy were dismissed.

Judgment:

The appeal of Dasrath and Kasim was allowed, and their convictions were set aside, leading to their acquittal. The conviction of Mahabir for offences under sections 302 and 201 IPC was maintained, as was the conviction of Mahadeo for the offence under section 201 IPC. The charges under section 120B IPC for conspiracy were dismissed. The appeal of Mahabir and Mahadeo was dismissed to the extent of their respective convictions and sentences.