STATE Vs. MERAJ AHMAD

JUDGEMENT

(1.) B. L. Loomba, J. Dr. J. K. Pathak was posted as Veterinary Surgeon at Veterinary Hospital Gouriganj, District Sultanpur. He was living alone in one of the quarters built in the Housing Complex within the hospital com pound. During Holi holidays of 1984 he left Gauriganj presumably for his home on 13-3-1984 and returned on 19-3-1984. He was found murdered in the morning on 20-3-1984 by the hospital staff. Meraj Ahmad and Arshad Ali were tried for the offence of this crime but were acquitted by Shri On keshwar Bhatt by his judgment and order dated H-10-1985 the then Additional Session Judge, Sultanpur, the State Government has come in appeal against the said judgment of acquittal dated 11-10-1985.

(2.) DURING the relevant time both the accused respondents were admit tedly posted at the same hospital; respondent Meraj Ahmad as Stockman while Arshad Ali as peon. It is the admitted position that both these appel lants were permitted by the deceased to be on leave from 9th March to 13th March, 1984 and as per the prosecution case they were directed to return to the hospital on 13-3-1984. The plea raised by the respondents, however has been that they were on leave upto 13th March, 1984 and were required to attend to their duties on 14th March, 1984. Prosecution case is that when the respon dents did not return to the hospital on 13th March, 1984, deceased got energy and marked both the respondents absent in the attendance register before proceeding on leave on 13-3-1984. When the deceased returned on 19-3-1984 and checked up the attendance register he found that entry of absence which had been marked by him in the register for the respondents had been scored out and the respondents had instead recorded their presence on all the dates from 9th to 13th March, 1984. The deceased on seating this erasing of the absence entry in the attendance register and the respondents having marked them present and signed became furious and rebuked the respondents in pre sence of some members of the staff of the hospital. This, according to the prosecution had its original reaction on the respondents and in a fit of agita tion and anger they committed the murder of the deceased sometime during the night by strangulation and then set the dead body on fire.

(3.) POST mortem examination of the dead body was done by Dr. K. N. Singh who was Medical Officer, Incharge, Sultanpur Hospital on 20-3-1984. Dr. K. N. Singh has appeared as PW 5. The postmortem examination is said to have been done at 5 p. m. It was considered expedient by Dr. K. N. Singh to associate some other doctors also in the post-mortem examination, namely, Dr R. S. Agarwal. Dr. V. K. Verma and Dr. R. K. Mathur. The post mortem examination appears to have been done by Dr. R. S. Agarwal who has signed the post-mortem examination report which is Ext. ka-4 on record. It has been signed by Dr. R. S. Agarwal and the other doctors, namely, Dr. K. N. Singh, Dr. V. K. Verma and Dr. R. K Mathur have signed mentioning that they agree with the findings in the report. The deceased was aged about 45 years. General condition of the body was regards muscularity could not be tested due to severe degree of burns. Riger mortis was present on the left upper arm. Important noticeable feature recorded was that-tongue was found clinched in between the teeth. The following ante- mortem injuries were found :- "superficial and deep burn on both lower limbs, both hips, back, thorax and abdomen, face right side and medical aspect of left side c f face, right upper arm, neck, head with singing of hairs. Blisters were present at places on left side of chest and writs on left side. Muscle and bones were cooked and charred on both lower limbs, abdomen, right side of chest in the back on both sides with large intestines protruding out from right side. In the back right upper limb muscles and bones cooked and charred. Parts spared from burns were recorded to be left forearm, upper arm, hand and left side of chest and part of left bald of face. Signs of inflamation were present, blisters were also present at places on left side of chest and wrist on left side. A nail was found in right side of femur. There was no smell of kerosene oil. " The internal examination revealed that scalp and skull bones were burnt and hair singed. Membrances was congested all over more on the right side. Brain was congested more on right side. Another noticeable feature was that hyoid cartilage was fractured and cornua of hyoid born was fractured. No scoty particulars were present in trachea. Gross congestion of trachea was present. The stomach was congested and was empty. Small and large intes tines were also empty. The cause of death was recorded to be asphyxia due to strangulation. Viscera was preserved for examination