CHANDRU Vs. STATE

JUDGEMENT

(1.) This appeal was called out in the revised list. Even though, there are a number of counsel, yet none of them has appeared. One counsel Sri Fanish Mishra has sent an illness slip. As there are a number of counsel, we propose to ignore the said illness slip. In Bani Singh Vs. State of U.P., 1996 4 SCC 720, as reiterated in K.S. Panduranga v. State of Karnataka, 2013 3 SCC 721 it has been held that even in the absence of counsel, who are deliberately not appearing, it will be open to the Court to peruse the record and the judgement of the Trial Court and decide the appeal on merit after hearing the State counsel. The hearing of the appeal cannot be adjourned only for this reason.

(2.) We have heard learned A.G.A. Sri R. K. Singh and Sri Anand Tiwari and perused the papers of the case.

(3.) An information was given at the P.S. Kotwali Dehat, Bijnore, on 30.12.1980 by one Abdul Hai, S/o Abdul Rahman that in the jungle of the village, Akbarabad, a male corpse was lying in a sack in the field of Abdul Aziz and action be taken in this regard. The said Abdul Hai has not been examined. However, P.W. 2 Head Constable Jagdish Prasad Kaushik has proved this report (Ext. Ka-1) and he has also made necessary G.D. entries (Ext. Ka-2) at 2.00 p.m. on 30.12.1980 on its basis. PW 2 also pointed out that initially, investigation was conducted in this case by S.I. R.S. Rana, who carried out the inquest and sent the dead body for post mortem examination. Autopsy was conducted on the unidentified corpse on 31.12.1980 at 4.00 p.m by P.W.11 Dr. S.K. Agarwal. As per the post mortem report the corpse was of a 22 year old unidentified male, which showed signs of putrefaction. The following ante mortem injuries were revealed:. 1) A transverse incised wound 7 cm x 3 cm x oesophagus on the front of neck about 1 1/2 cm above supra sternal notch. 2) An abrasion 3 cm x 2/10 cm on the front of rt. forearm just above wrist joint. 3) Incised wound (stab wound) on the left side of thoracic lower part in 11th intercostal space and below it, about 7 cm below and outwards from left nipple 5cm x 2cm x abdominal cavity deep. Omentum peeping through. On internal examination, it was found that the trachea was cut through and through and the cause of death was shock and haemorrhage due to ante mortem injuries.