STATE OF UTTARANCHAL Vs. VIJAY KUMAR BATHLA

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This reference has been made under Section 366 of Code of Criminal Procedure, 1973 (herein-after referred as Cr. RC.) by the learned Sessions Judge, Udham Singh Nagar, for confirmation of death sentence, awarded against the convict Vijay Kumar Bathla under Section 302 of Indian Penal Code, 1860, (herein after referred as I. PC. ). The convict has also preferred an appeal under Section 374 (2) of Cr. RC. against the judgment dated 05-10-2005 and order of sentence dated 06-10-2005, passed in Sessions Trial No. 271 of 2004 by learned Ses sions Judge, Udham Singh Nagar, whereby he has been convicted under Section 302 of I. P. C. and sentenced to death. Both, the reference and the ap peal are being disposed of by this com mon judgment.

(2.) WE heard learned counsel for convict/appellant and learned Public Prosecutor, and perused the entire record.

(3.) BEFORE further discussions, it is necessary to mention the ante mortem injuries found on the person of deceased Rekha alias Sapna, and Sakshi, a fe male child. Ext. A-10 prepared on 1/-04-2004 at 4:10 P. M. by P. W. 7 Anil Chandra Sah, who conducted autopsy on dead body of Rekha alias Sapna, shows following ante mortem injuries on her person : 1. Incised wound measuring 7cm x 3cm x bone deep present ob liquely over left side face, over left mandible. On further explo ration of the wound all the mus cles of face over mandibles cut, vessels and nerve cut, left side gum cut with avulsion of left lower incisor, canines, pre molar, molar teeth, left side mandible cut and soft tissue and vessels of oral cavity below cat side of the tongue cut, oral cavity filled with clot and blood. There was haem orrhage with clot around the cut muscles and vessels. 2. Incised wound measuring 10cm x 5cm x bone deep and tissue deep present obliquely over right side neck and left side margin of man dible reaching up to mid of chin in the center. Margin of wound is contused, on further exploration of this wound all the muscles of neck cut, all the major vessels, nerve of neck cut, right cut present on oral cavity of this wound, all the muscles, tissues and vessels cut. Right side mus cle over mandible cut, vessels cut, right gum cut with avulsion. Right canine, pre molar and molar teeth, right side mandible cut, tis sue of oral cavity below mandible cut. There were clots with haem orrhage. 3. Incised wound measuring 6cm x 2cm x cauity deep present trans-versely on the right side of inter costal space of chest, margin of wound is contused. On further exploration of this wound there is huge sub cutaneous haemorrhage, sub cutaneous tissue cut, inter costal muscular cut. Right lung upper lobe pleura cut and right upper lobe cut, thoracic cavity filled with 2 liter of blood. There was haemorrhage in lung tissue with clot also. 4. Incised wound measuring 6cm x 0. 9cm x soft tissue deep to 3cm x 0. 2cm x soft tissue deep present on the right side neck and right upper part of chest in an area of 10cm x 13cm. On further exploration of these wounds, there was huge sub cutaneous haemorrhage soft tissue cut, mus cles and vessels cut and inter mus cular haemorrhage present. On internal examination of the or gans of generation, a gravid about 10 weeks size was found. Cause of death of Smt. Rekha alias Sapna, according to the Medical Officer (P. W. 7 Dr. Anil Chandra Sah) was shock and haemor rhage due to ante mortem injuries.