SADAB ALI ANSARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal arises out of the judgment and order dated 07.03.2014 passed by the learned Sessions Judge, Chamoli in Session Trial No. 10 of 2009, State Vs Sadab Ali Ansari whereby the accused/appellant has been convicted and sentenced for life imprisonment and a fine of Rs. 10,000/- under Section 302 of I.P.C. and further sentenced for ten years R.I. and fine of Rs. 10,000/- under Section 364 of I.P.C., in addition to a sentence for three years R.I. and fine of Rs. 5,000/- under Section 201 of I.P.C.

(2.) The crime was allegedly committed on 23.02.2009 at Chamoli, in Uttarakhand, which is a hill town, en route to the "Badrinath" shrine. As per the First Information Report lodged by the complainant Subodh Agarwal on 23.02.2009, (P.W.1, who has a shop in the main market at Chamoli) states that he noticed at about noon that his two years old daughter was missing. He tried to search for her but in vain and later that evening he reported the matter to the police that his two years old daughter is missing since noon. The body of his daughter was discovered a week later on 02.03.2009 from the cremation grounds at Chamoli. The dead body was wrapped inside a bag, and discovered by sheer chance by a villager who had gone to the ground to collect fodder for his cattles.

(3.) The inquest report was prepared on 02.03.2009 at about 05:00 p.m. which shows that the place where the body was recovered is about half-kilometer away from the police station, and is a cremation ground. The body was in a "Khakhi" bag, which was lying behind wild bushes on the ground. The postmortem was conducted on 02.03.2009 at 07:00 p.m. at District Hospital Gopeshwar, Chamoli. The report shows that there were maggots present on the body, the face was discoloured and had turned black. There were multiple abrasions on anteromedian surface of right thigh, which were reddish-brown in colour. Multiple abrasions were also present on the back side of her left thigh, as well as on lower back and buttocks, which were reddish-brown in colour. Post mortem report further states that lacerated wound were on the left parietal region, size about 4 X 2 cm, bone deep and left parietal bone was fractured. The medical opinion states that "the cause of death is due to neurogenic shock, as a result of cervical cord injury done to A.M. cervical vertebrae fracture." C-1 and C-2 vertebrae were broken.