ARUN LAL Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) IMPUGNED judgment dated 21st December, 2011 convicts the appellant Arun Lal for murder of Asha and Alka, his mother -in -law and unmarried sister -in -law, in the evening on 2nd May 2008, with the motive of stealing Rs. 6 lacs, lying in an attache inside a bed at the house of his in -laws. The appellant by order on sentence dated 24th December, 2011, stands sentenced to imprisonment for life with a direction that he would not be released from prison till the rest of his life. Fine of Rs. 10,000/ - has also been imposed.

(2.) THE factum that the two deceased Asha and Alka had suffered a homicidal death on 2nd May, 2008 in the evening in their residential house J -1/180, DDA Flats, Kalkaji, Delhi has been proved and established beyond doubt. Post -mortem report of Asha, aged 47 years marked Exhibit PW -13/A, was proved by Dr. Sushil Sharma (PW -13). The post -mortem on her dead body conducted on 3rd May, 2008 by Dr. Sushil Sharma (PW -13), refers to anti -mortem injury in form of laceration 11 x 5.5 cm bone deep on left temporal parietal region of the scalp, 5 cm medial to left mastoid tip and 2 cm left from mid line associated with sub scalp haematoma and fracture of underlining bone of the skull. The deceased Asha had suffered five other laceration wounds on the occipital region, right temporal parietal region, right front temporal region of the scalp, bone deep at forehead above to medial end of right eyebrow, frontal region of scalp, left forehead 1 cm above the end of the left eyebrow and a fracture of right upper medial incisor tooth in addition to two abraded contusions on the left forearm and arm. On internal examination, multiple fracture injuries of the bone of the skull corresponding to the seven lacerated wound injuries were found to be present. The cause of death was opined as cranio -cerebral injury consequent upon blunt force impact and injuries 1 to 7 were sufficient to cause death in ordinary course of nature individually as well as collectively.

(3.) DR . Sushil Sharma (PW -13) did depose in his cross -examination that injuries 1 to 8 mentioned in Exhibit PW -13/A could have been caused due to fall from height, but we do not think the said answer anyway negates or affects the prosecution case, for there is no indication that the deceased Asha had fallen from a height. Both Asha and Alka had similar injuries on face and head caused by blunt force object. They have died homicidal deaths. This is also lucid and apparent from the deposition of Ms. Neha (PW -1), Ms. Bhawna (PW -3), Chandra Prakash Sawan (PW -2), Beeta (PW -4), Durga Das (PW -5) and Gopal (PW -6).