Gudipalli Siddhartha Reddy (and Smt. Sarojini Devi in connected appeals)v.State C.B.I.

1. The present appeals have been filed challenging the common judgment and order dated 28th December 2011 passed by the High Court of Andhra Pradesh in Criminal Appeal No. of 2004 and Criminal Revision Case No. of 2004, whereby the criminal appeal filed by the Appellant-Accused and the criminal revision filed by the mother of the deceased were dismissed. By way of the Impugned Judgment, the High Court reduced the sentence for offence punishable under Section 306 IPC to two years but increased the fine to ₹ 50,000/.

2. It is pertinent to mention that the Criminal Appeal and Criminal Revision were filed against the judgment dated 23rd February 2004 in Sessions Case No.88 of 2003, whereby the Appellant-Accused was convicted for offences punishable under Sections 306 and 309 of Indian Penal Code, 1860 (“IPC”) and sentenced to rigorous imprisonment for five years and fined ₹ 5,000/- under Section 306 IPC and one year simple imprisonment and fined ₹ 1,000/- under Section 309 IPC.

FACTS

3. The deceased Ms. Pratyusha was an actress, who had acted as a heroine in a number of feature films in South India. The Appellant-Accused was an engineering student. They had known each other close to a decade and wanted to marry each other. Smt. Sarojini Devi (PW-1), mother of the deceased and Appellant in Criminal Appeal Nos.894-895 of 2012 was initially opposed to the marriage but had subsequently agreed to it. However, the parents of the Appellant-Accused were opposed to the marriage and the mother of the Appellant-Accused had even threatened to commit suicide in the event the Appellant-Accused married the deceased.

4. In the morning of 23rd February 2002, the Appellant-Accused informed the deceased of the threat of suicide extended by his mother. At around 5:00 PM, the deceased along with her cousin Ms. Prafulla Sri (PW-2) went to a beauty parlour as the deceased had been engaged for a Kannada feature film and had planned to leave for Bangalore on the morning of 24th February 2002.

5. At the parlour, the deceased asked Ms. Prafulla Sri (PW-2) to call the Appellant-Accused to the parlour. Upon his arrival, PW-2 talked to the Appellant-Accused for a while and when the deceased came out of the parlour, the Appellant-Accused and the deceased started crying and left together in the car of the former.

6. Both the deceased and the Appellant-Accused were thereafter seen together at CARE Hospital, Banjara Hills, Hyderabad (‘CARE Hospital) at around 7:30 or 8:00 PM. Both of them had consumed poison and were admitted in the said hospital. The deceased could not survive and passed away the next day, i.e., 24th February 2002. The Appellant-Accused, however, survived and was discharged from the hospital on 09th March 2002.

7. Upon a complaint made by Sarojini Devi (PW-1), FIR No. 144 of 2002 dated 24th February 2002 was registered under Section 174 of the Code of Criminal Procedure (“CrPC”) at Panjagutta Police Station, Hyderabad.

8. On 25th February 2002 one Dr. B. Muni Swamy conducted the postmortem examination of the deceased. Even though one Dr. Krupal Singh was the doctor on duty at the mortuary, Dr. B. Muni Swamy, Professor, came to the mortuary on his own and conducted postmortem of the deceased. This is surprising as Dr. B. Muni Swamy was neither on duty at the mortuary nor on call duty as Professor. Further, Dr. Rajgopal Reddy, HOD, Department of Forensic Medicine informed the investigative agency subsequently that Dr. B. Muni Swamy did not intimate or seek permission for conducting the postmortem. The postmortem report dated 25th February 2002 is reproduced hereinbelow:-

CR No. 144/2002
PME No. 435/2002
25.02.2002 at 12:10 pm
25.02.2002 at 12:15 pm
4347 of Punjagutta P.S.
SCHEDULE OF OBSERVATIONS
A-GENERAL

1	Name	Samala Prathuysha
2	Sex	Female
3	Approximate age (Assessed from the appearance of the body)	20 years
4	Height (Measure length of body)	176 cms
5	Weight	-
6	Physique (state in appropriate terms e.g. well built, normal, weak etc.)	Normal
7	Nutrition (state in appropriate terms e.g. normal weak etc)	Normal

8	Special identifying features (if body is unidentified, describe all identifying features eg color of hair & eyes, scars tattoo marks and their patterns, caste marks etc.)	Identified body
9	Extent of postmortem	Rigor mortis present all over the body Post-mortem staining present over back of trunk
10	General appearance	Body supine, Eyes closed, Mouth partly open, Blood stain discharge from both nostrils. Body dressed in green printed Punjabi shirt and printed white shalwar. Hair tight with hair band, Metal eye rings, Black waist thread with white cloth tawiz.

Injection mark over dorsum of right hand, near base of right thumb with surrounding contusion of 20 cms. Old healed scars over front of both knees. Finger tips and nails - cyanosed.
Injection mark over back of left hand, near base of left thumb.
Neck: Congestion present over the front of neck.
INJURIES: The following ante mortem injuries found on the body:

1. Abrasion over tip of nose 1.5 x 0.25 cms
2. Abrasion below right ear lobule, linear, with interruptions over right side of neck, horizontally placed measuring 1 x 0.5 cm x 0.5 cms.
3. Abrasion over right side of neck, from angle of right mandible and below injury No.2, measuring 1 x 0.25 cms.
4. Abrasion, 1 x 0.5 cm, 2 cms outer to injury No. 3.
5. Abrasion 2.5 x 0.25 cms over front of neck 2 cm from mid-line and 8 cms below middle of ramus of mandible on right side.
6. Abrasion, 0.5 x 0.5 cms, outer to injury No. 5
7. Abrasion, 1 x 0.5 cms, over front of neck, 3.5 cm above suprasternal notch and inner end of left clavicle.
8. Pin head size puncture wounds over outer part of front of right forearm, 2 cms above right wrist.
9. Multiple pin head size puncture wounds with surrounding contusion of 2 cms over outer part of front of left forearm, 5 cm above left wrist over an area of 2 x 2 cms.
10. Abrasion, 8x4 cms over inner end of left breast, 3 cms from mid-line, vertical, irregular (multidirections).
11. Abrasion, C-Shaped, extending from middle of outer part of left breast downwards, below left nipple, 14 cms (Multiple linear).
12. Injection marks, over both groins with blood stains around external genitalia.
13. On reflection of skin flap over neck, there is contusion over internal space of right side of neck, lower part, with contusion of platysma, corresponding to injury No.5 & 6 and contusion of lower end of sterno-mastoid, right side.

B-Head & Neck

Intact	1) Skull
Congested	2) Brain and meninges
Nothing particular	3) Orbital nasal accessory
Nothing particular	4) Mouth Tongue and Pharynx
Hyoid bone, cricoid rings and thyroid intact	5) Neck
Neck : Vide injury column
C-Chest
Nothing particulars	1) Ribs & chestwall
Nothing particular	2) Diaphragm
Nothing particular	3) Pleura
Congested	4) Larynx & Trachea
Congested	5) Right Lung
Congested	6) Left Lung
Nothing particulars congested	7) Heart
Abdominal Wall
Stomach contains 150ml yellowish brown liquid thick consistency, Abnormal odour, Mucosa-congested	Stomach contents
Nothing particular	Liver
Nothing particular	Spleen
Congested	Kidneys
Congested	Pancreas
Congested	Adrenals
Intact	Pelvic walls, Urinary bladder, Urethra, Genital organs

E-Specimen Removal or Chemical Examination

S.No.	Name of the Specimen	Name & Contain
1	Small intestine and contents	-do-
2	Liver and kidney	-do-
3	Blood	-do-

... concluded at 1-45 pm on 25.02.2002
Opinion as to the cause of death:
Approximate time of death: Hospital death
DFSL Hyderabad
PRESSURE OVER THE NECK, ASPHYXIA DUE TO MANUAL STRANGULATION, HOWEVER VISCERA PRESERVED FOR CHEMICAL ANALYSIS TO DETECT POISON IF ANY, SEMEN COLLECTED FROM VAGINA FOR GROUPING AND DNA FINGER PRINTING TEST.
Gandhi Hospital
25.02.2002
Sd/- Dr. B. Muni Swamy
Dept. of Forensic Medicine
Gandhi Medical College, Hyderabad” (emphasis supplied)

9. It is to be noted here that Dr. B. Muni Swamy made his opinion public by giving an interview on Teja TV on 25th February 2002, even before giving the postmortem report to the SHO on 26th February 2002 and before receiving the AP FSL report on 27th February 2002. In the interview Dr. B. Muni Swamy stated that the deceased died of manual strangulation and that she was gang raped.

10. However, the Andhra Pradesh Forensic Science Laboratory (“AP FSL”) report dated 27th February 2002 revealed that organophosphate insecticide poison was found in the internal organs of the deceased and the stomach wash of both the accused and the deceased. The AP FSL report dated 27th February 2002 is reproduced hereinunder:

"DETAILS OF CASE PROPERTY RECEIVED
Received three sealed bottles and two sealed paper parcels...
Nature of Examination/Tests conducted: 1. Physical Examination 2. Chemical Tests
REPORT
The above items are analysed and Organophosphate an insecticide poison is found in all of them.
xxxx xxxx xxxx
Examination of case property in Cr No. 144/2002 of Panjagutta PS-Report furnished-Reg.
...
REPORT
The above items nos. 1, 3 to 8 are examined. Human blood is detected on item no.7. Blood group of blood stains on item nos. 7 is ‘B’ group. Blood is not detected on item nos. 3, 4, 5, 6 and 8. Semen and spermatozoa are not detected on item nos., 1, 3 to 8.” (emphasis supplied)

11. Even after the receipt of the AP FSL report dated 27th February 2002, Dr. B. Muni Swamy stuck to his opinion that the death was due to manual strangulation and that sexual assault could not be ruled out.

12. In view of the difference of opinion regarding the cause of death and the public outcry caused due to the sensation created by the interview given by Dr. B. Muni Swamy, the Government of Andhra Pradesh vide G.O.Rt. No. 174 dated 05th March 2002, constituted a three-member Expert Committee comprising Dr. M. Narayana Reddy (PW-31), Dr. P. Vijaya Kumar and Dr. K. Sathyavathi to conduct an enquiry and submit a report.

13. The three-member Expert Committee gave its findings vide report dated 09th March 2002 stating the following:

EXPERT COMMITTEE REPORT
Sub: Expert Committee Report regarding the cause of death of Late Miss. Prathyusha- Regarding.
...
OPINION OF THE EXPERT COMMITTEE:
1. The cause of death is due to Organophosphate Poisoning.
2. There is no evidence of death due to manual Strangulation.
3. There is no evidence of sexual assault prior to her death.
...
Sd/- (DR. K. SATHYAVATHI) | (DR. P. VIJAYA KUMAR) | (DR. M. NARAYAN REDDY)
MEMBER | MEMBER | MEMBER/CONVENOR

14. Due to the interview given by Dr. B. Muni Swamy in a matter pending investigation regarding the cause of death of an actress and finding of sexual assault and the controversy arising therefrom, public interest litigations being Writ Petitions Nos. 4054 and 4329 of 2002 were filed before the High Court of Andhra Pradesh seeking an investigation by the Central Bureau of Investigation (“CBI”).

15. Pertinently, Dr. B. Muni Swamy in his affidavit dated 20th March 2002 filed before the High Court wrongly represented that there was swelling of the neck of the deceased and that there were injuries on the back of the thighs even though he had not mentioned these injuries in his postmortem report dated 25th February 2002.

16. The investigation was entrusted by the High Court of Andhra Pradesh to the CBI vide order dated 21st March 2002 passed in Writ Petitions Nos. 4054 and 4329 of 2002.

17. Accordingly, CBI registered an FIR dated 28th March 2002 in Crime No.RC-1/S/2002/CBI/SCB/Chennai for offences punishable under Section 302 IPC.

18. On 26th March 2002, the High Court of Andhra Pradesh directed the Director, Centre for DNA Fingerprinting and Diagnostics (“CDFD”) to conduct a DNA test on the basis of swabs collected from APFSL and submit a report to the Court.

19. Accordingly, DNA tests were conducted on the basis of cotton swab collected from AP FSL and the samples submitted by the mother of the deceased and Appellant in Criminal Appeal Nos.894-895 of 2012. Pertinently, the report dated 24th April 2002 revealed that cotton swab contained two fractions of DNA i.e. female fraction and male fraction. The female fraction matched with the DNA of the mother of the deceased and Appellant in Criminal Appeal Nos.894-895 of 2012. However, to ascertain the source of the male fraction, samples were taken from the Appellant-Accused herein and five other individuals known to the Appellant-Accused. Upon examination, none of the samples which were taken from the Appellant-Accused and five other individuals matched with the male fraction of the DNA found on the cotton swab. The relevant portions of the CDFD reports dated 5th April 2002, 24th April 2002 and 13th May 2002 are reproduced hereinbelow:

Name of the material object/Source/sample	Received on	Exhibit	CPFD No.
Part of cotton swab	26.03.2002	A	4613
Part of pieces presumed to be stomach and intestine	26.03.2002	B	4614
Part of pieces of liver and kidney	26.03.2002	C	4615
Part of reddish turbid liquid (blood)	26.03.2002	D	4616
Blood of Mrs. P. Sarojini Devi	27.03.2002	E	4617

20. The CBI vide its letter dated 19th April (Ex. P-55) sought expert opinion from the Department of Forensic Medicine, All India Institute of Medical Sciences (“AIIMS”) New Delhi, inter alia, as to the exact cause of death and the finding of manual strangulation in the postmortem report dated 25th February 2002.

21. Accordingly, a Committee of doctors was constituted by AIIMS which gave its report dated 02nd May 2002. The Committee, inter alia, opined that the cause of death of deceased was Organophosphate poisoning and the external injuries were caused due to therapeutic procedures which were misinterpreted as injuries due to manual strangulation in the postmortem report dated 25th February 2002 prepared by Dr. B. Muni Swamy.

22. Meanwhile, the internal organs of the deceased, the stomach wash of both the deceased and the Appellant-Accused and a bottle labeled ‘Nuvacron’ were sent for forensic examination to Central Forensic Science Laboratory (“CFSL”), which gave two reports dated 16th May, 2002 and 20th May, 2002 confirming the presence of Monocrotophos, an organo-phosphorous insecticide, in the internal organs.

24. During the time the High Court was monitoring the investigation, CBI submitted three status reports detailing the treatment records from CARE Hospital, nursing staff statements confirming clothes were cut due to medical exigencies, negating the theory of sexual assault or manual strangulation, and concluding that Prathyusha committed suicide by consuming Nuvacron.

25. The High Court after examining the entire record including the affidavit filed by Dr. B. Muni Swamy closed the public interest litigations vide its order dated 6th September 2002 and permitted the CBI to file its charge-sheet under Sections 306 and 309 IPC.

REASONING

MURDER BY STRANGULATION IS RULED OUT

79. This Court is of the view that the allegation of homicidal death by manual strangulation is wholly unsustainable. The testimony of PW-1, the mother of the deceased and appellant in Criminal Appeal Nos. 894–895 of 2012, is particularly telling. She admitted that when she saw her daughter in the ICU of CARE Hospital, the latter was not only alive but also conscious, able to respond in a feeble voice to the doctor’s questions and her legs were trembling. Such a condition is medically inconsistent with strangulation. The fact that the deceased was able to speak and exhibit motor activity demonstrates beyond doubt that strangulation was not the cause of death.

80. This conclusion is further reinforced by the testimony of Dr. Laxmi Kanthaiah (PW-13), who stated that at the time of admission, the deceased was conscious and herself disclosed that she had consumed poison. Dr. Saraschandra (PW-10) corroborated this account, testifying that both the deceased and the accused informed him that they had consumed organophosphate poison. These statements, made contemporaneously by the deceased herself, carry great evidentiary weight and cannot be brushed aside.

81. Moreover, three witnesses namely, Dr. Kalyansundaram (PW-32), Dr. Saraschandra (PW-10) and A. Anitha (PW-16), all confirmed that they observed no external injuries on the deceased’s body. The absence of injuries is significant because strangulation ordinarily leaves tell-tale signs such as abrasions, bruises or hemorrhages.

82. Taken together, these facts conclusively establish that the deceased was conscious at the time of admission, bore no injuries consistent with strangulation and herself disclosed poisoning. The argument of death by strangulation is therefore ruled out.

OVERWHELMING OCULAR AND MEDICAL EVIDENCE PROVES DEATH DUE TO POISONING

83. Having ruled out strangulation, the Court turns to the actual cause of death. A wealth of ocular and medical evidence points to poisoning. The materials on record, when examined holistically, leave no room for doubt that the deceased died due to consumption of organophosphate poison, specifically Nuvacron.

88. Consequently, the convergence of multiple independent expert opinions lends overwhelming credibility to the conclusion that the deceased died of poisoning.

OFFENCE OF RAPE AGAINST APPELLANT-ACCUSED IS NOT MADE OUT

89. Two separate and independent laboratory reports, namely, report by AP FSL dated 27th February 2002 and report by CFSL, New Delhi dated 20th May 2002 on analysis of cotton swabs forwarded in sealed bottles concluded that Semen and Spermatozoa were not detected thereon.

95. Consequently, in light of the deceased’s own statement, hospital records, forensic reports and expert opinions, allegations of rape or murder are devoid of legal or factual foundation.

DR. B. MUNI SWAMY HAD FURNISHED AN UNPROFESSIONAL POSTMORTEM REPORT

102. Consequently, this Court concurs with the finding of the CBI that Dr. B. Muni Swamy had furnished an erroneous and unprofessional postmortem report in the present case and had gone to the press with premature sensational claims. His actions were not only medically unsound but also irresponsible, as they created unnecessary public controversy.

SURVIVING PARTNER IN A MUTUAL SUICIDE PACT IS LEGALLY CULPABLE

117. Notwithstanding the culpability of the act of purchasing pesticide, the Accused’s participation in a suicide pact renders him culpable under Section 107 IPC. A suicide pact involves mutual encouragement and reciprocal commitment to die together. The survivor’s presence and participation acts as a direct catalyst for the deceased’s actions. It is pertinent to mention that abetting as defined under Section 107 IPC is not limited to physical act of supplying means to commit suicide. Accordingly, any psychological assurance or instigation, as long as the same is intentional and directly related to the commission of offence, also constitutes abetment.

118. This Court is of the view that it is the reciprocal commitment of each party to commit suicide which provides necessary impetus/support to the other to go through with the act. In a suicide pact, it is implicit that each participant knows the intent of the other to commit the act knowing that their withdrawal from the pact will likely deter the other. Each party’s resolve to commit the act is, therefore, reinforced and strengthened due to the participation of the other party. Suicide in a suicide pact is conditional upon mutual participation of the other.

CONCLUSION

120. Keeping in view the aforesaid reasons, the present Appeals being bereft of merits are dismissed, but with no order as to costs. The Appellant is directed to surrender within four weeks.