RAM GOPAL Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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Hon'ble Servesh Kumar Gupta, J. -
(1.) THIS is a case of double murder of Smt. Sona, aged about 30 years, and her 5 -6 years' old son Sultan alleged to have been committed by the accused appellant Ram Gopal and his companion Rakesh in a running train in the night of 21.8.1999. After conclusion of the trial, the learned Sessions Judge, Nainital vide the impugned judgment and order dated 18/20.2.2004, passed in Sessions Trial No. 159/2001, has held accused Ram Gopal guilty for the offences under Section 302 and 201 IPC and sentenced him to undergo imprisonment for life and fine of rupees ten thousand for the offence under Section 302 IPC. In default of payment of fine, accused appellant has been directed to undergo further one year's imprisonment. For the offence under Section 201 IPC, accused Ram Gopal has been sentenced with rigorous imprisonment for five years and fine of rupees five thousand. In default, six months' additional imprisonment has been imposed. Both the sentences have been directed to run concurrently. However, the learned Sessions Judge has acquitted the co -accused Rakesh by giving him benefit of doubt. The facts, as revealed from the entire evidence, oral and documentary, are that accused Ram Gopal was a police constable posted at Government Railway Police Outpost at Soraun railway Station (District Etah, U.P.). This railway station falls within the territorial jurisdiction of the Divisional Office Bareilly for railways as well as for policing purposes. Another accused person Rakesh was a cousin of the deceased woman (Smt. Sona). They boarded train no. 153 up in coach no. 6670GS from "Lalkuaon" railway station (district Nainital). It was a local passenger train, which was Kashipur bound. The departure time of this train from Lalkuaon was 19.50 hours and it took about 2 hours to reach Kashipur. On 21.8.1999, when the train arrived at its final destination, soon after it was noticed by cleaning staff that some broken bangles, blood and a pair of ladies sandal were lying in a compartment of that train. When Head Constable Nav Ratan Singh and Constable Ravi Datt Sharma (PW4) reached the spot, they also noticed a silver earring besides a piece of bread in yellow polythene. Presence of blood on the floor of the second cabin situated near the gate of the compartment was also noticed. Head Constable Nav Ratan Singh prepared the recovery memos at the spot in the light of minor lamp of the railway. PW4 Constable Ravi Datt Sharma has proved these recovery memos as Ex. Ka -1 and Ka -2 in his oral testimony as the same were prepared in his presence and he had also put his signatures on these recovery memos.
(2.) NEXT morning i.e. on 22.8.1999, one Ganga Sharan (PW1) S/o Shaym Singh R/o of Shivpuri, who was Pradhan of that village, came to the Bajpur Police Station of District Udham Singh Nagar to inform that a nude dead body of an unknown woman was lying by the side of railway track near his village. Besides her is also a dead body of a child on the sides of the railway track. A large gathering of the villagers had already assembled. The information given by Ganga Sharan was entered in the General Diary by the police, copy of the GD has been proved as Ex. Ka -6. The police came into motion and recovered the two dead bodies. The inquest report of the dead body of deceased woman is Ex. Ka -9, which was prepared on 22.8.1999 itself, while that of the boy is Ex. Ka -14. Dead bodies were sent for the post -mortem. Innumerable injuries were noticed on the dead bodies. Autopsy on the dead body of Smt. Sona, aged about 30 years, was conducted by Dr. Rakesh Singh (PW8) on 22.8.1999 at 4.05 pm, who also prepared the post -mortem report Ex. Ka -4. The following injuries were found on the dead body of Smt. Sona:
(1) An incised wound of 6.5 cm x 3.5 cm x cavity deep present over the right side of epigestric region and right Hypo Chondriac region of abdomen.
(2) Multiple incised wound 6 in number of various sizes averaging.5 cm x.5 cm to 2.5 cm x 1.5 cm present over the right upper quadrant of abdomen and adjacent part of the right lower chest around the injury no. 1 all the wounds are cavity deep.
(3) Multiple incised wound 7 in number of various sizes averaging.5 cm x.5 cm to 2.5 x 1.5 cm present over the left upper quadrant of abdomen and adjacent part of the left lower chest all the wounds are cavity deep.
(4) Incised wound 3 in number size averaging 2 cm x 1 cm to 3.5 cm x 1 cm all muscle deep present over the left forearm.
(5) An incised wound of 4.5 cm x 1 cm x bone deep present over the left palm in between the bones of thumb and index finger.
(6) An incised wound of 1.5 cm x 1 cm x bone deep present over the inner side of the upper part of left knee.
(7) A lacerated wound of 1.5 cm x 1 cm x bone deep present over the skin of right leg.
(8) An incised wound of 3 cm x 1 cm x muscle deep present over the left side of neck.
On the same day at 4.35 pm. PW8 Dr. Rakesh Singh also conducted the post -mortem on the dead body of child (Sultan), who according to this doctor, was aged about 8 years. His post - mortem report Ex. Ka -3. He noted following ante mortem injuries:
(1) An incised wound of 1 cm x 0.5 cm x cavity deep present over the epigastric region of abdomen in the middle loop of intestine coming out.
(2) An incised wound of 1 cm x 0.5 cm x cavity deep present over the epigastric region in the middle 3 cm above the injury no. 1.
(3) An incised wound of 0.5 cm x 0.5 cm x cavity deep present over the left side of the epigastric region of the abdomen 3.5 cm below injury no. 1.
(4) An incised wound of 1.5 cm x 0.5 cm x muscle deep present over the left inguinal region.
(5) An incised wound of 1.5 cm x 0.5 cm x bone deep present over the left side of chin.
(6) An incised wound of 1.5 cm x 1 cm x muscle deep present over the left side of neck on anterior aspect.
(7) An incised wound 1 cm x 0.5 cm x bone deep present over the middle of the left clavicle.
(8) An incised wound of 1 cm x 0.5 cm x muscle deep present over the right side of neck on the anterio -lateral aspect.
(9) An incised wound of 1.5 cm x 0.1 cm x muscle deep present over the right side of forehead.
(10) An incised wound of 1.5 cm x 1 cm x bone deep present over the right side of forehead.
(11) An incised wound of 1.5 cm x 1 cm x bone deep present on right fronto -parietal region of head.
(12) A lacerated wound of 2 cm x 1 cm x muscle deep present over the left side of forehead.
(13) Multiple abrasions present over the both legs.
(3.) IN the opinion of the Doctor, in both the cases, the death was caused within one day of the post -mortem, and the cause of death is haemorrhage and shock due to ante mortem injuries.;
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