GHANSHYAM PRASAD YADAV Vs. STATE

JUDGEMENT

(1.) By the impugned judgment, dated 24 th September, 2011, the two appellants Ghanshyam Prasad Yadav and Sudhir Prasad Yadav (hereinafter referred to as A1 and A2, respectively) have been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short), for murder of Mahesh Kukreja, on 29 th November, 2008, in his office, at 1 st Floor of Property No. 2263/68 Gali Raghunandan, Naya Bazar, Delhi. The appellants have been sentenced to life imprisonment and to pay fine of Rs.5000/- each, in a default of which, they are to undergo simple imprisonment, for two months.

(2.) Homicidal death of Mahesh Kukreja, due to neck injuries, remains undisputed by the appellants and stands established, beyond doubt, from the testimony of Dr. Akash Jhanjee (PW-5), who had conducted post mortem of Mahesh Kukreja, on 3 rd December, 2008 at 1.00 P.M. The Post Mortem Report has been proved as Ex. PW5/A. As per the post mortem report and testimony of PW-5, the deceased Mahesh Kukreja had the following external injuries:-

(3.) On internal examination, it was found that -on the neck- soft and subcutaneous tissue, fascia, nerves and muscles were cut via injury No. 1. Trachea, along with carotid and jugular vessels on both sides, was cut and lumen exposed via injury No. 1. Cause of death was a combined effect of hemorrhagic shock and asphyxia, consequent upon cut throat injury i.e. injury No. 1. All injuries were ante-mortem and fresh in duration. As per Ex. PW5/A and the statement of PW-5, in the court, time of death was 4-5 days. This is an important aspect and has been examined later on. At this stage, it is suffice to notice that, as per the post mortem and statement of PW-5, the deceased had died between 1.00 A.M. on 28 th November, 2008 to 1.00 P.M. on 29 th November, 2008. PW-5, in the cross-examination, had denied that the body was highly decomposed and that the death might have happened about eight days before the post mortem was conducted. PW-5 has stated that it could not be determined whether the deceased had consumed liquor though viscera was kept because there was "liquor like odour". The Viscera Report, given by the CFSL (Ex. PW21/D), states that, on examination of the blood sample, it was found that blood contained ethyl alcohol (59.5 mg per 100 ml of blood).