STATE Vs. PREM SINGH @ FAUZI

JUDGEMENT

(1.) THE state seeks leave to appeal against the judgment dated 27.01.2005 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case no. 7/2001 whereby the respondents (accused before the trial court) were acquitted of the charges punishable under Sections 302/201/34/120-B IPC.

(2.) AS per the version of the prosecution, on 16.04.1998 an information was received at P.S. Sameypur Badli and it was recorded vide DD No.30-A at about 10:15 pm that a dead body of a male person was found lying at Khera Kalan road. S.I. V.N. Mishra along with Sudershan Kumar went to the spot. Insp. Mahener Singh, SHO also reached at the place of recovery of the body. One unidentified dead body of a male person, aged about 30- 32 years, completely naked with head shaved was found lying there. The body could not be identified at the spot. After completion of the inquest proceedings, the body was shifted to the mortuary, Civil Hospital. The post mortem was got conducted on 18.04.1998 and the body was cremated on 20.04.1998. The photographs of the dead body were kept. On 28.04.1998, the photograph was identified as that of Ajay Kumar Singh, son of Shri Ram Nath Singh, resident of Village Ghatora, District Vaishali, Bihar. The brother of the deceased, Virender Kumar Singh identified the body based on the photograph.

(3.) THE autopsy conducted opined the cause of death as asphyxia with apoplexy, consequent to mechanical pressure exerted over throat. Soft ligature over throat was found. Mechanical obstruction was sufficient to cause death in the ordinary course of nature. Time since death was opined as two to two and a half days and the death could have been caused in between 4:00 am to 6:00 am on 16.04.1998