Decided on August 23,2013

Pushkar Singh Bora Appellant


- (1.) The above-titled criminal jail appeal is against the judgment and order dated 10.8.2010 rendered by the Sessions Judge, Udham Singh Nagar (Rudrapur) while adjudicating the Sessions Trial No. 257/2008, State v. Pushkar Singh Bora. The said trial was for the offence of Section 302 IPC pertaining to PS Khatima. On conclusion of the trial, the accused Pushkar Singh Bora was found guilty of the said offence and he was sentenced appropriately by the court below.
(2.) The incident involves the brutal murder of his young wife Smt. Deepa (aged 31 years) by her husband Pushkar Singh Bora on 27.8.2008 inside her matrimonial house. In the First Information Report, lodged by Jagat Singh Mehra (brother of the deceased), the informant has alleged that at about 7.30 AM on that day, when he went at the house of his sister located in the close vicinity of his house, he saw that his brother-in-law (husband of the deceased) Pushkar Singh Bora was abusing and beating his sister. The persuasions by the informant made the accused more enraged. His sister, in order to save herself, went inside the room. The informant sat on a cot lying in the outer room. Meanwhile, the accused, infuriated and hurling abuses, briskly entered inside the room. He picked up an axe and gave blows of that axe, held in his hand, upon the head and neck of his wife Deepa. She fell down on the earth. The accused left the axe thrust in the skull of the deceased and took to his heels from the spot. The informant chased the accused shouting towards him and finally with the aid and assistance of passersby, namely, Kamal Singh Bhandari and Basant Singh Chauhan, he could be able to apprehend the accused after a short distance. Leaving the accused in the custody of villagers, Jagat Singh Mehra rushed to the police station to lodge the FIR Ex. Ka-1, which could be filed at 9.30 AM on 27.8.2008 itself, while the police station was situated at a distance of about 9 kilometres from the place of occurrence. So, this way, the FIR was lodged soon after the occurrence. The Chick FIR is Ex. Ka-3. The police promptly came into motion and reached at the spot. The bloodstained axe was taken into possession by the Investigation Officer. Its recovery memo is Ex. Ka-6. As the spot was blood-soaked, so the piece of bloodstained plastic cord from the cot lying in the same room, was also taken into possession and its recovery memo Ex. Ka-9 was prepared. The arrest memo of the accused Ex. Ka-7 was also prepared on the spot. Inquest proceedings commenced at 9.30 AM and it could be concluded by 11 AM in the morning of the same day. Inquest report is Ex. Ka-18. The dead body was found lying on the floor of the room inside the house and as per the opinion of the witnesses, the deceased died on account of the injuries caused by the sharp edged weapon on his neck and head. Nonetheless, the autopsy was recommended.
(3.) Post-Mortem was conducted by Dr. HS Kathayat at Community Health Centre, Khatima on 27.8.2008 at 3 PM. The ante mortem injuries, found on the person of the deceased, as recorded in the post-mortem report Ex. Ka-2, are reproduced below: (i) Lacerated wound on the left eyebrow, 1 cm x .5 cm, skin deep. (ii) Linear deep incised wound on the right parietal (fronto parietal) area, 5 cm x 2.5 cm x brain deep, fresh blood clot. (iii) Linear deep incised wound on the right perito occipital area, 4.5 cm x 2 cm, brain deep, fresh blood clot. (iv) Lacerated wound on the neck at right side lower part, 5 x 1.5 cm x 1 cm deep to muscle deep, fresh clot. (v) Lacerated wound on the right shoulder top, 5 cm x 1.2 cm x muscle deep. (vi) Lacerated wound on the back of right shoulder top, 4.5 cm x 1 cm x muscle deep. (vii) Linear incised wound on the back and lateral side of left elbow, 3.5 cm x 1 cm x muscle deep, fresh clot. (viii) Linear abrasion on the back of right side chest, 6 cm x 0.5 cm (vertical). (ix) Linear abrasion on the lower back of left side chest, transversely placed, 6.5 x .5 cm. In the opinion of the doctor, the cause of death was due to ante mortem injuries with head injury leading to haemorrhage in stage of coma. The time of death was about 8-12 hours back. Thus, the time of death, as assessed by the doctor, matches with the time of death (around 7.30 AM) as has been alleged in the FIR.;

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