PREM SINGH Vs. THE STATE

JUDGEMENT

(1.) THESE appeals by Prem Singh @ Fauzi and Samson @ Raju arise out of a common judgment dated 29th March, 2005 convicting them under Section 302 read with Section 34 IPC for murder of deceased Aditya. The aforesaid judgment arises out of FIR 204/1998 P.S. Timarpur. By order on the point of sentence dated 31st March, 2005, appellants have been sentenced to undergo life imprisonment and pay a fine of Rs. 5000/ - each, in default of payment of which they have to undergo rigorous imprisonment for one year.

(2.) BY another judgment passed by the same Additional Sessions Judge dated 29th March, 2005, the two appellants were also convicted for murder of Agastya, brother of deceased Aditya in a case arising out of FIR No. 126/98 P.S. Alipur. The conviction of appellants Prem Singh and Samson in the said case was set aside by this Court vide judgment dated 22nd May, 2007 reported in 2000 III AD (Crl.)(DHC) 463.

(3.) WE note and record that homicidal death of deceased Aditya has not been challenged or disputed by the counsel for the appellants. The post mortem report Ex. PW19/A opines the cause of death as asphyxia consequent to mechanical obstruction of air passages by ligature strangulation and the injury over testicles causing vagal inhibition. The said report was proved by Dr. K.L. Sharma (PW19) who had conducted the post mortem on the body of an unknown male aged about 25 years on 27th April, 1998 at about 4.45 PM. In his court deposition, PW19 has referred to multiple bruises and the ligature mark as well as internal injuries and stated that the said injuries were ante mortem in nature. Hair on the head of the deceased Aditya had been shaved before death. Post mortem report (Ex. PW19/A) and deposition of Dr. K.L. Sharma (PW19) mentions that the time of death was between 5 to 7 PM on 26th April, 1998 and the scrotal injury was caused by a hard flexible object like cane.