MOTILAL PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) S.K. Sharma & Gopal Prasad, JJ.

(2.) ABOVE noted appeals preferred by the appellants named above have been taken up together because these appeals have arisen out of one judgment dated 29th July, 2006 passed in Sessions Trial No. 126 of 2000 by the learned Additional Sessions Judge, F.T.C. No. I, Patna by which these appellants have been convicted for the offences punishable under Sections 302/34 and 201/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life under sections 302/34 IPC and five years rigorous imprisonment under Sections 201/34 of the Indian Penal Code. Sentences were ordered to run concurrently.

(3.) BEFORE proceeding further, it would be appropriate to deal with the evidence of PW 6, Dr. Ashok Kumar Yadav. This witness has stated that on 19.2.1997 one unknown dead body of a female aged about 25 years was brought by Constable No. 502, namely, Biswnath Singh (not examined) to the PMCH at 12.40 P.M. and the post mortem was conducted on the same day in the evening at 3.30 P.M. The doctor found rigor mortis present. The body was having three injuries. Injury no. 1 was abrasion 3"x1" on the middle side of the left elbow. Injury no. 2 was one abrasion ?" x ?" in size on the dorsome of the right hand between thumb and index finger and injury no. 3 was one ligature mark 7" long and ?" wide on the front of the neck above thyroid cartilegde between lower part of both ears. Death was due to aforesaid ante mortem injuries. Major contributory to death was injury no. 3 because the death was due to Asphyxia and due to excess pressure on the neck. Therefore, the evidence of doctor shows that the cause of death of the lady was Asphyxia due to throttling.