TMI Blog1977 (12) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... bout October 14, 1972. From Panolkampa, she came to the house of the accused at Zadeshwar on 19-11-72 and she was to leave for Umalla, her parents' place on 21-11-72. 2. On the night between 20th and 21st November, 1972 at about 3.30 A.M., the neighbourhood was alerted by the accused shouting from his 'Agasi' (terrace) Run, Run, thieves have entered . Immediately Mahalaxmi (PW 4) whose house was almost opposite to that of the accused with a path intervening and who was talking in her courtyard with Sedaben (PW 5) came running to the house of the accused. There was death in the village and they were awake, Some other neighbours also came including Ishvarbhai Hirabhai {PW 6). First Ishvarbhai went to the upper storey of the house of the accused accompanied by two others. He saw the accused and his brother Dinesh standing in the 'Agasi'. When he asked the accused as to what had taken place, he replied thief inside . He also stated that the accused appeared to be nervous. When he went inside, he saw Minakshi lying with injuries between the outer and the inner room. He then shouted to the women to come up and they all saw Minakshi lying injured and restless. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ording to the doctor, even after all these injuries, the deceased could be conscious for about 15 to 20 minutes after she had received these injuries and she might have been able to speak in slow and whispering condition. There was no injury to the vocal chord. 3. The prosecution wanted to establish that the accused was not well disposed forwards his wife and in fact was planning for a divorce. In this connection an anonymous letter (Article 7) addressed to the deceased with the envelope found in the bag of the deceased was relied upon by the prosecution. The letter was addressed to the deceased by your anonymous elder brother . This was dated 19th of September, 1972. Since the accused denied his handwriting in this letter, the handwriting expert (PW 17) was examined and he was of opinion that the specimen handwriting which the accused gave and the writing in another admitted letter of the accused were similar to the disputed anonymous letter. The Sessions Judge did not rely upon the evidence of the handwriting expert and held that the motive was not established. The High Court took a contrary view. This letter went to show that the accused was indifferent to the deceased and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as significant the fact of the accused shouting for the neighbours while the deceased was still alive. This point was very much emphasised even by Mr. Desai, the learned Counsel for the appellant. Would the accused take a risk of inviting the neighbours to his house when the deceased was alive and she was likely to name him if he was the real murderer, said the learned Counsel ? 4. There were two injuries on the right palm of the accused, viz. (1) A horizontal incised wound on the palm of the right hand at the root of the finger, two in number, one at the root of the little ringer measuring 1 x 1/3 of superficial nature and (2) the other on the root of the ring and middle finger 21/2 X 1/8 superficial in nature. According to the accused, these injuries were received on the previous day while cleaning blade after shaving. The Sessions Judge further observed as follows :- It is then significant to note that there was a pool of blood in the outer room. There were scattered stains of blood leading from the outer room to the inner room. The fact that there was a pool of blood in the outer room and trail of blood-stains leading from the outer room to the inner room certainly su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner room when she was going out for the purpose of urinating as pleaded by the accused ? This aspect was the crux of the case. Since the Sessions Judge committed a manifest error in holding that the victim was stabbed in the outer room which can by no means be supported by the evidence on record, the High Court was justified in entertaining the appeal against acquittal. An absolutely erroneous conclusion on such an important aspect in this particular case has led to a failure of justice. 10. Once the appeal was rightly entertained against the order of acquittal, the High Court was entitled to re-appreciate the entire evidence independently and come to its own conclusion. Ordinarily, the High Court would give due importance to the opinion of the Sessions Judge if the same were arrived at after proper appreciation of the evidence. This rule will not be applicable in the present case where the Sessions Judge has made an (absolutely wrong assumption of a very material and clinching aspect in the peculiar circumstances of the case. 11. The High Court on the other hand after examining the evidence came to the following conclusion :- The significant fact, that there were blood st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and legs towards the door. The ornaments on her person were intact. We are clearly of opinion that the assault took place while the deceased was asleep on her bed and since there was no sign of violence on the door or on any part of the house (vide evidence of PW18) by which it could be suggested that an outsider came inside the room, the accused alone had the exclusive opportunity to cause these injuries in a closed room resulting in her death. 15. It was Very strenuously contended by Mr. Desai that if the accused were the author of the injuries, he would not call out for the neighbours to come while his wife was alive, taking a great risk of her implicating him. We have given anxious consideration to this submission, but cannot agree that there was any risk involved in alerting the neighbours at the time chosen by the accused after he has seen the most precarious condition of the deceased. The evidence clearly discloses that there was no speech from the deceased when the neighbours came. She was groaning and was restless but could not speak . After these severe injuries on the neck already bleeding profusely, the restlessness of the deceased, stated by a witness (PW 4) an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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