STATE OF BIHAR Vs. HARIKANT

JUDGEMENT

(1.) HARLKANT Singh alias Sia Kant Singh and Ra-Jendra Singh alias Faudari Singh have been convicted by the learned First Additional Sessions Judge of Patna tinder Section 302/34, Indian Penal Code, and sentenced to death. They have also been convicted Under Section 394 of the Code, but no separate sentence has been imposed upon them thereunder. They have preferred separate appeals which-'have been heard along with the death reference made by the learned; Judge for confimation of the death' sentence of both.

(2.) THE victim of the occurrence was Military Jamadar, named Gyanchand Kapoor, who at the relevant time was posted at Panagarh. THE murder took place in a first class compartment 0? the 15 UP Varanashi Express between Hathidafa and Tal junction stations of the Eastern Railway. THE time of the occurrence as mentioned in the first information report (Ext. 10/1), drawn up at 0.55 hours on the 24th October 1961 at Mokamab G. R. P. S. was 0.42 hours of the same sight, but the materials on the record show that the cocurrence must have taken place at least tea- minute earlier.

(3.) THEREAFTER a constable (P. W. 18) attached to Patna Junction Railway station was sent for and he took the dead body to the morgue. At 8.15 a. m. on the 25th October, 1961, a postmortem examination of the dead body was conducted by the Police Surgeon of Patna (P. W. 13) who found ten incised wounds of various dimensions op the dead body, all of which were ante-mortem. There were three injuries on the left side of the jack, two on the chin, one each on the left cheek, left clavicle and right wrist, and two on the right thumb. On dissection the Police Surgeon (P. W. 13) found two vessels in the neck, the carotid and the jugular, cut at two places with collection of blood clots in the neck. The injuries had been caused by a long sharp weapon like a dagger and death was due to shock and haemorrhage as a result of the aforesaid injuries. In the opinion of the doctor (P. W. 13), the injuries had been sustained by the deceased about 12 hours before his deaih, which was about 18 hors before the time of the post-mortem examination.