OM PRAKASH @ RAJA Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2001-9-20
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
Decided on September 19,2001

Om Prakash @ Raja Appellant
VERSUS
STATE OF UTTARANCHAL Respondents




JUDGEMENT

M.C.JAIN,J. - (1.)TWO persons, namely, Nitesh and the present appel­lant Om Prakash alias Israil @ Nazrool @ Raju @ Raju Dass @ Raju Chaudhary @ Safuel Islam were tried before the Additional Sessions Judge, Dehradun in S.T. No. 149 of 1999. By the impugned judgment and order, the trial Court ac­quitted Nitesh, but convicted the present accused-appellant U/Ss 302 and 307, I.P.C. He has been sentenced to death and to pay a fine of Rs. 5000/- with an order to suffer rigorous imprisonment for one year, in default of payment of. fine for the offence punishable u/s 302, I.PC. Under section 307, I.PC. he has been sentenced to undergo R.I. for seven years and to pay a fine of Rs. 2000/- . In default he has been ordered to. suffer R.I. for one year. Both the substantive sentences of imprisonment and in de­fault of payment of fine have been or­dered to run consolatory concurrently. Aggrieved, the accused-appellant has preferred this appeal from jail. Sessions Judge made a reference u/s 366, Cr. PC. for confirmation of death sentence.
(2.)CONSEQUENT upon the lodging of the FI.R. by Smt. Rama Khanna, PW.1 the investigation began. The dead bod­ies of three persons were sealed after preparation of the Panchayatnamas Ex. Ka. 8, Ex. Ka. 9, and Ex. Ka. 23 respec­tively of Smt. Bishna Mathur, Sarit Khanna and Brig. (Retd.) Shyam Lal Khanna and sent for post mortem ex­amination. The informant Smt. Rama Khanna, PW.1 was also subjected to medical examination. During spot in­spection recoveries were made including of blood stained Khukri (Ex.16), blood stained sword (Ex. 15), blood stained knife (Ex. 17), blood stained sheath (Ex.14) and chilly powder (Ex.19) vide recovery memos Ex. Ka. 3 to Ex. Ka.7.
It would be relevant to state here that it was Dr. H.G.S. Manral, PW.6, who had conducted post mortem on the dead bodies of all three victims between 3.30 p.m. and 5.15 p.m. on 15.11.1994. A. Deceased Shyam Lal Khanna was aged about 62 years. The injuries found on his person were as many as ten in number. Out of them two were incised wounds, six lacerated wounds, on subconjuctrial haemorrhage on right eye and one traumatic swelling over occipi­tal region. One of the incised wounds was 7 cm. X 3 cm. X bone deep over left side of scalp 2 cm. above upper border of upper left ear lobe. On of the lacerated wounds 6 cm. X 3 cm. X bone deep was over mid scalp 2 cm. above injury no. 1 with clotted blood. The rest of the injuries were on differ­ent parts of the body. The death had occurred due to shock and haemorrhage as a result of the ante mortem injuries. B. Deceased Sarit Khanna was aged about 27 years. Four lacerated wounds were found as ante mortem injuries on his person. One lacerated wound 2 cm. X 10 cm. was over anterior aspect of neck . Muscle tissues were exposed on both the sides. He died due to shock and haemorrhage as a result of ante mortem injuries. C. Deceased Smt. Bishna Mathur was aged about 65 years. As many as eight injuries had been inflicted on her person which comprised of six incised wounds, on punctured wound and one lacerated wound. Five of the incised wounds were on the neck. She, too, had died due to shock and haemorrhage as a result of coma because of ante mortem injuries. As per the opinion of the Doctor, sharp edged weapon like sword (Ex. 15) and blunt object had been used in in­flicting injuries on the deceased persons. Injuries other than those of incised wounds could have been caused to the victims by blunt side of sword (Ex. 15) and Khukri ( Ex. 16) wielded by the ac­cused as also by grinding stone (Ex.18). It may be pointed out that the blood stained grinding stone (Sit Batta) Ex. 18 was also found near the dead body of Sarit Khanna. Besides, a blood stained knife (Ex. 17) had also been recovered from the dining hall, apart from blood stained sword (Ex. 15) and Khukri (Ex. 16) having been recovered at the spot. The sword (Ex. 15) belonged to Briga­dier himself as stated by Smt. Rama Khanna, P.W. 1, having been gifted to him by someone.

(3.)ORIGINALLY , in the charge-sheet the present accused-appellant was shown as absconder. He could be arrested from West Bengal after the passage of five years when his photograph was displayed and incident was telecast in a smoke se­rial under the programme "India's Most Wanted" on Zee T. V Supplementary charge-sheet was, therefore, subsequently submitted by the police against the ac­cused-appellant.
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