SATYAWAN DALAI Vs. STATE

JUDGEMENT

(1.) SATYAWAN Dalai @ Ravinder Nayak has been convicted for murder of Bansri Lal Dhawan, S.K. Sharma and Rita Sharma arising out of FIR No. 564/2004, Police Station, Mukherjee Nagar.

(2.) AS per the prosecution version, the appellant was employed as a servant to look after Bansri Lal Dhawan, an octogenarian who was physically incapacitated and required help. The appellant had murdered the above mentioned three persons of the same household, in the night intervening between 26th and 27th December, 2004 at House No.648, 2nd Floor, Parmanand Colony, Delhi. AS money and valuables were stolen in pilfering, the motive as alleged was robbery.

(3.) REGARDING homicidal death, we have statements of Dr. K. Goyal (PW -11) and Dr. Ashok Jaiswal (PW -19), who had conducted the post mortem of Rita Sharma and Bansri Lal Dhawan/Sudershan Kumar Sharma, respectively. The Post Mortem Report of Bansri Lal Dhawan, (Exhibit PW -19/A) states that there were about nine lacerated wounds on Bansri Lal Dhawans body, including those on the forehead. There were two lacerated wounds on left side of the forehead and on the pictorial region, in addition to abrasion over diestrum of the left foot. All injuries were ante mortem in nature and caused by a hard blunt object directed upon face or head. The death was caused due to cranio cerebral injuries, which were sufficient to cause death in ordinary course of nature. Post Mortem Report of Sudershan Kumar Sharma (Exhibit PW -19/B) states that he had five lacerated wounds, including those on the head. All injuries were ante mortem in nature, caused by some hard blunt object directed upon the head and face. The death was due to injuries, some of which were sufficient to cause death in ordinary course of nature. Post Mortem Report of Rita Sharma (Exhibit PW -11/A) states that she had wounds on the left side of the head. The wounds had been caused by a blunt object. Dr. K. Goyal (PW -11) opined that ,,tawa could be a possible object used for causing the said injuries. The cause of death was cranio cerebral injuries, as a result of hard blunt object directed upon the head. The injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature. Post mortem, of the all three bodies, was conducted on 28th December, 2004 at about 1/2 P.M. Time of death, in all three cases, as per the post mortem reports, was 34 -35 hours before the post mortem was conducted.