ADITYA GUPTA @ BABLOO Vs. STATE

JUDGEMENT

(1.) Subject matter of challenge in these four appeals by Aditya Gupta @ Babloo, Babu Hasan, Dharmender Kumar and Shambhu @ Shyam Sharma is the common judgment, dated 30 th October, 2010 in Session Case No.978/2008, arising out of FIR No. 102/2008, Police Station Binda Pur. The four appellants have been convicted under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for life and fine of Rs.25,000/- each, which has to be paid to the family of the deceased-Garima as compensation. In default of payment of fine, they have to undergo simple imprisonment for six months. The four appellants have also been convicted under Section 394 IPC and sentenced to rigorous imprisonment of seven years and fine of Rs.5,000/- each. In default of payment of fine, they have to undergo simple imprisonment of one month. Shambhu @ Shyam and Dharmender have also been convicted under Section 307 IPC and sentenced to rigorous imprisonment of 10 years with fine of Rs.10,000/- each. In default of payment of fine, they have to undergo simple imprisonment for two months.

(2.) It is undisputed that the deceased-Garima was found dead in her house, at A-39, Jeevan Park, Uttam Nagar on 16 th April, 2008. As per the Post Mortem Report (Ex.PW-9/A), Garima was strangulated to death. Dr. Komal Singh (PW-9) had conducted the post mortem. On external examination, he found that there was contusion on the inner surface of the upper lip, nail marks over the right tip of the nose, left cheeks and at centre of the forehead. Ligature mark of 27cm 8mm was found over the entire circumference of the neck except at the right upper side of the neck. The cause of death, as opined, was asphyxia subsequent to the ligature strangulation over the neck and smothering incomination. Both were sufficient to cause death in ordinary course of nature, together or individually. In the cross- examination, he has clarified that if the ligature mark is due to use of a wire or a rope for strangulation, then it would have made different impressions over the neck, though it is not necessary that in all the cases there would be cut marks if strangulation was by means of a metallic wire.

(3.) There is evidence that the baby Astha, aged about 3-4 years, was also strangulated and then put inside the box bed (Diwan). Her injuries have been proved by her father Naveen Kumar (PW-1), brother Sarthak (PW-2), neighbour Savitri Devi (PW-7) and police officials, who had visited the place of occurrence.