SANDEEP KUMAR SAHU Vs. STATE

JUDGEMENT

(1.) Sandeep Kumar Sahu and Kaushal @ Babloo impugn their conviction, under Section 302, 397 and 506-II of the Indian Penal Code, 1860 (IPC) and the sentences imposed upon them. They have been sentenced to life imprisonment and fine of Rs.1,000/-, in default of which they are to undergo simple imprisonment for one month, for the offence under Section 302 IPC, rigorous imprisonment for seven years and fine of Rs.1,000/- and in default to undergo simple imprisonment for one month under Section 397 IPC, and rigorous imprisonment for three years and a fine of Rs.500/- ,in default to undergo simple imprisonment for 15 days under Section 506-II IPC.

(2.) It remains undisputed that Raj Sahu had a homicidal death. Post Mortem Report (Ex. PW15/A) and statement of Dr. Sarvesh Tandon (PW-15) conclude that the deceased suffered, as many as, 13 injuries or wounds on her body. This has also been established in the Death Report (Ex. PW28/B) which was proved by Inspector Niranjan Singh (PW-28). Radha, maid in the same household, suffered injuries, as proved by her Medical Report (Ex. PW24/A) which is the MLC conducted on 14 th June, 2000 at 2.50 P.M. It shows, in her X-Ray, that she suffered, as many as, eight wounds and had fractured parietal bone and third metacarpal of the left hand. Dr. S. Mehra (PW-24), Specialist Radiology, RML Hospital, who had examined 13 year old Radha, proved this and opined that the head injury was possible if a person had fallen from a height, head down. MLC (Ex.PW-24/A) delineate various incise wounds inflicted on Radha. In view of the injuries suffered by Raj Sahu, who was present in the same house at the same time, and evidence discussed below, it is difficult to sustain that the injuries on Radha were accidental and not deliberate. Radha, according to the prosecution, had died and, therefore, could not be produced as a witness. Radha?s death has been disputed by the appellants and the said aspect has been addressed subsequently.

(3.) Manoj Sahu (PW-2), Monika (PW-5), Janaki (PW-30) and Ram Kumar (PW-1) have substantiated that the house was robbed and various articles, including jewellery, were missing. The police officers Inspt. Niranjan Singh (PW 28) and others confirm that the belongings were scattered around, when they reached the crime spot.