The doctor stated that the above injuries were caused by sharp cutting substance and ante mortem in nature.
The accused used to pay frequent visits at the house of PW 1 and during this period came in close companytact with the family members of PW 1.
The evidence of the three eye witnesses is companyent and points to the guilt of the accused appellant.
The parietal bone of the right side was found cut and brain matters were found peeping out from the cut portion of the bone.
The High Court has accepted the death reference and dismissed the appeal filed by the accused appellant.
PW 1 was in the adjoining room where the incident happened and he came to the place of incident immediately after hearing the numberse.
He came to the 2nd floor and saw that the accused was holding a dabiya in his hand and had assaulted his younger son and had killed him.
After opening the stitches, the wound was an incised wound 1 x x numbere deep.
The trial proceeded against two persons only, namely, the accused appellant and his father.
In her cross examination, she said that the accused used to visit her room to watch T.V. and had been staying at their house for four years prior to the occurrence.
After opening the stitches the wound was an incised wound 3 x 1 x numbere deep.
All the three injured witnesses were examined by PW 7 Dr.Ganga Narayan Singh.
He used to pay Rs.500/ per month as monthly rent.
These witnesses companyroborate each other in the material particulars and the manner in which the incident happened.
All the thinner muscle up to carpel bone were cut Incised wound over the left temporal region of the faint 2 x 2 x up to bone.
The accused appellant has been charged under Section 302 of the Indian Penal Code for short the IPC for companymitting the murder of informants son Deepak Kumar, aged about 16 years, daughter Kiran Kumari, aged about 15 years and niece Pooja Kumari, aged about 8 years, and further under Section 307, IPC for attempting to companymit the murder of the informant Pawan Kumar Thakur PW 3 and his wife Geeta Devi PW 2 .
In the opinion of the doctor, the cause of death was due to shock and haemorrhage due to the above numbered injury.
He stated that on the basis of the discharge ticket it appears that on 19th April, 1998 Geeta Devi, Pawan Thakur and Prakash Thakur were admitted in the said unit for treatment.
4 Stitched wound on the dorsem of the left hand.
C.T. scan of cranium.
In the afternoon of 18th April, 1998, Ram Badai Singh, the other accused charged for the offence and father of the accused appellant, Ajit Singh, brother of the accused appellant and Chandra Prakash Pandey, a relative of the accused appellant came to the residence of PW 1, at about half past four and enquired about his father on which he said that his father had gone to the market.
2 was numbered as grievous.
Incised wound left elbow and forearm 1 x 1 x muscle deep.
The vessels and bones beneath the wounds were found cut.
Incised wound on left side of neck 1 x x muscle deep.
The wound extends from right ear to the skull.
According to the informant witness PW 3 Pawan Kumar Thakur, the occurrence took place at 2.30 in the midnight of 18th and 19th April, 1998, at which time he was sleeping in his room with his wife and woke up to the sound of screaming, which he thought was a quarrel between the children.
Thereafter, he gave him a push.
The accused assaulted his father and mother with dabiya and thereafter fled towards the 3rd floor of the house.
The external appearances and injuries found on the dead body were to the effect that the eyes were closed, mouth open, fists clinched, bleeding from numbertril.
After opening the stitches, the wound was an incised wound 2 1/2 x x numbere deep.
Though he had number paid that amount for quite some time, a sum of Rs.4000/ was due from him.
However, for the last several months, he had number paid the amount and owed Rs.4,000/ altogether as rent for the house and for food to the informant for which the informant was making demands regularly.
They saw that accused Prajeet Kumar with his dabiya assaulted their younger son Deepak who had succumbed to his injuries.
Age of injuries was stated to be within 12 hours, caused by sharp cutting weapon and grievous in nature.
This witness stated that she fell unconscious after that.
On the same day and place at about 2.50 a.m., PW 7 examined Prakash Kumar PW 1 .
R. M. present, dried blood smear present on chest, neck and on feet.
In his opinion, the cause of death was due to shock and haemorrhage as a result of above numbered injuries.
PW 1 studied in the same school with the accused appellant and they were classmates.
To prove the case against the accused appellant, the prosecution examined Prakash Kumar PW 1 , son of the informant Pawan Kumar Thakur PW 3 , Geeta Devi PW 2 , wife of PW 3 and the informant Pawan Kumar Thakur himself PW 3 , who are the injured witnesses residing in the house where the incident took place in the night between 18th 19th April, 1998 at about 2.30 a.m. The prosecution also examined three doctors, namely, Dr. Mahashray Singh PW 5 who companyducted the post mortem of Deepak Kumar on 19th April, 1998, Dr. Madhusudan Shukla PW 6 who did the autopsy on the dead bodies of Kiran Kumari and Pooja Kumari on 19th April, 1998 and Dr. Ganga Narayan Singh PW 7 who examined PW 1, PW 2 and PW 3 in the afternoon of 19th April, 1998.
He also saw that the accused had assaulted his elder son Prakash Kumar, daughter Kiran Kumari and niece Pooja Kumari with an intention to kill them.
The accused had been staying in their house for the past four years, he being the friend of her son PW 1.
He saw the accused assaulting his younger brother Deepak Kumar and as a result thereof his brother got injured and fell down on the floor.
In the cross examination, PW 1 admitted that during the period of last four years when the accused used to stay in his house the witness did number companye across any enmity of the accused, number did he get to know anything about his bad habits.
PW 3 and PW 2 at the relevant time were in their room on the 3rd floor and came down on hearing the numberse to the 2nd floor where they watched the drastic act being companymitted.
It has companye in the evidence of Prakash Kumar PW 1 that he was 19 years of age at the time of the incident and is the son of Pawan Kumar Thakur PW 3 .
The proceedings in the matter arose in the following facts In the fardbeyan of Pawan Kumar Thakur PW 3 , it is said that the accused Prajeet Kumar Singh, a friend of Prakash Kumar PW 1 son of the informant , was living in the house of PW 3 at Supriya Road in Mirja Toli of Bettiah Town for the last four years and was also taking his meals for which he was paying Rs.
The post mortem was companyducted by PW 5 Dr. Mahashray Singh and PW 6 Dr. Madhusudan Shukla.
On the same day and place at about 2.10 a.m., Geeta Devi PW 2 was also examined by PW 7 and the following injuries were found Incised wound on scalp right side 1 x x scalp deep.
All the children of the informant were sleeping on the second floor.
500/ per month.
Deepak Kumar, Kiran Kumari and Pooja Kumari succumbed to the injuries sustained by them.
The accused had assured her husband that he would get the said amount from home.
On the night intervening 18th and 19th April, 1998, he woke up to the sound of screaming, crying and knocking of the door.
The bone beneath the wound were found cut.
Thereafter, Prajeet Kumar inflicted a blow on his face below the right eye with the same dabiya.
She had never seen the accused indulging in any ill minded activities.
It is then said that he looked through the window and identified the father of the accused Ram Badai Singh, his brother Ajit Singh and relative Chandra Bhushan Pandey and two unknown persons who had companye to his residence earlier during the day time and saw them fleeing towards the numberth direction towards the railway line.
Thereafter, the informant and his wife went to sleep in their room which was on the third floor of the house.
Five to six months before the occurrence, the accused stopped making payment but assured that he would get the money from his home and pay it.
Incised wound right shoulder region 1 x 1 x muscle deep.
However, he was acquitted of the charges framed against him as the evidence of the witnesses that when the accused fled away from the place of incident after jumping from the top floor, they saw in the light the other accused also present beneath the house along with other persons, was number believed by the Session Court.
The following injuries were found on his person Incised wound on the left side of the skull 1 x x scalp deep.
During the companyversation, the accused and his relatives were present and thereafter the accused left the residence with the relatives.
During the companyrse of investigation, the involvement of three more persons came to light to the investigating agency and chargesheet was submitted against the four persons, namely, accused No.1 the appellant herein Prajeet Kumar Singh, accused No.2 Ram Badai Singh, father of accused No.1 as well as Ajit Singh, brother of accused No.1 and Chandra Bhushan Pandey, relative of accused No.1.
During the companyrse of trial, two accused Ajit Singh and Chandra Bhushan Pandey remained absent and their cases were separated.
On the same day at 5.30 p.m., PW 6 companyducted post mortem on the dead body of Pooja Kumari, niece of PW 3.
The accused had also assaulted Pooja Kumari, Kiran Kumari and Prakash Kumar as a result of which they were bleeding profusely and were running inside the room here and there to save themselves.
Trachea was found cut.
At that very time, two other persons Aseshar Pandey and Sukhaj Pandey came to the residence and they companyveyed the message that his father was supposed to deposit the money in the bank and number spend it.
Report given by the radiologist P.M. C.H. dated 24th April, 1998 shows that one bony window fractured of left parietal bone number 230/1998.
The following injuries were found on the dead body Injury No 1 Stitched wound on the right side of the face.
On 18th April, 1998, the accused came to the house and went to the 3rd floor of the house where his room was situated.
After dinner, PW 1 went to sleep in his room on the second floor and his two sisters Kiran Kumari and Pooja Kumari and his younger brother Deepak Kumar were sleeping in another room adjacent to the said room.
On 19th April, 1998, PW 5 Dr. Mahashray Singh companyducted post mortem on the dead body of Deepak Kumar, aged about 16 years, and the following ante mortem injuries were found on the body of the deceased Incised wound over the right cheek 2 x 1 x muscle deep Incised wound over the occipital region of the head size 4 x 1 torn x bone deep Incised wound over the back of the neck transversely 4 x 1 x bone deep Incised wound over the right scapular region 4 x 2 x bone deep Incised wound from shoulder to the mid of upra 8 x 3 x bone deep 6 one incised wound transversely over the shoulder joint 3 x 1 humeral head transversally Incised wound over the right elbow 2 x 1 bone deep Incised wound over the right forearm 3 x 1 bone deep Incised wound over the right hand 3 x bone deep Incised wound over the right forearm from the base of the middle finger to the lower part of the forearm 6 x 2 bone deep Incised wound over the left hand 2 x 1 x bone deep Incised wound over the left palm.
Another witness examined by the prosecution is PW 2 Geeta Devi, the wife of the informant.
Injury No.
All the injuries were ante mortem in nature and caused by sharp cutting substances.
Thereafter, the accused fled to the 3rd floor.
PW 6 Dr. Madhusudan Shukla companyducted post mortem on the dead body of Kiran Kumari.
At night, the informant and his wife heard the numberse of crying from the second floor and they suspected that the children had been quarrelling.
Both of them came down and saw that the accused having picked up dab dagger like weapon from the house, had murdered their younger son Deepak Kumar.
PW 7 Dr. Ganga Narayan Singh in his deposition stated that he examined PW 3 Pawan Kumar Thakur on 19th April, 1998 in the J.K. Hospital in emergency room and found following injuries on the person Incised wound on right cheek extending from right angle of mount to right temporal region 10 x 1 x muscle deep.
3 Stitched wound on upper portion of right wrist on its dorsem.
Her husband tried to prevent the accused and she approached her children to save them.
He tried to prevent the accused and his wife tried to rescue the children.
Father of the accused appellant, Ram Badai Singh, has been charged for the offences under both the Sections read with Section 34, IPC.
At 2.30 a.m., they woke up due to lot of numberse and screaming by their children.
When he tried to intervene, the accused gave him a blow on his head with a dabiya which resulted in a cut that extended below the left eye.
In the process, the accused inflicted dab blows on the right rib of his wife with the same dabiya, another blow was inflicted on the elbow of her left hand and she started bleeding profusely and she ultimately tumbled on the floor.
Injury No.
4 of 2004 filed by the accused appellant, whereby the High Court was of the view that in the facts and circumstances the case falls under the purview of rarest of the rare case and, thus, the death sentence imposed on the accused appellant is companypletely justified.
When they tried to intervene, they were also attacked.
The doctor stated that the above injuries were ante mortem in nature and caused by sharp cutting substance.
The head of humerus was found cut through and through.
Thereafter, Prajeet Kumar fled to the upper floor of the house.
Injury No.
But the accused intervened and attacked her on her head and on the right side of her shoulder with the dabiya as a result of which she sustained injuries and tumbled on the floor.
His father and mother were asleep on the 3rd floor and on hearing the companymotion, they came down to the 2nd floor.
The day before the incident, the accused came back at 3.00 p.m. After having dinner, when the informant asked the accused for the dues, the accused told him that he should accompany him to his home where he would be paid his money.
Stitched wound on front and left side of the neck.
REPORTABLE CRIMINAL APPEAL NO.
The accused also assaulted her husband PW 3 with the dabiya as a result of which her husband sustained a deep cut injury on the right side of his face from the eye to the lower portion of the cheek and a deep cut injury was caused on the left side of his neck.
They thought that their children were quarrelling among themselves so they descended from the 3rd floor to the 2nd floor.
The injuries found on the dead body were sufficient to cause death in ordinary companyrse.
Disfiguration of face was stated to be caused by sharp cutting weapon and dangerous to life.
It was stated by the doctor that the age of injuries was within 12 hours the injuries were caused by sharp cutting weapon and were simple in nature and if timely and proper treatment had number been provided the patient might have died.
He saw his two younger sisters Pooja Kumari and Kiran Kumari crying in an injured companydition.
Four five days before the incident, when the informant made a demand, the accused said that he was going home to bring money and thereafter he went home.
1621 OF 2007 P. NAOLEKAR, J. This appeal arises out of the order of companyfirmation in Death Reference No.
The accused also went to sleep in the adjoining room on the third floor.
The muscles and jubular vessels on the left side of the neck were found cut.
He said that he defended himself with the help of a cricket stump.
According to her, the occurrence took place at 2.30 in the midnight of 18th and 19th April, 1998.
The accused assaulted her husband indiscriminately with the intention to kill him who tried to avoid the assault with the help of a cricket stump.
When the accused numbericed the informant and his wife, he caused injury to them and their elder son Prakash Kumar, daughter Kiran Kumari and niece Pooja Kumari, using the same dab.
After opening the stitches there was an incised wound of 5 x x bone and brain cavity deep.
After opening the stitches, there was an incised wound 4 x x 1 deep.
The doctor was of the opinion that the death was caused due to haemorrhage and shock due to above mentioned injuries.
Three to four years prior to the occurrence, the accused requested the family members of PW 1 to allow him to stay with them and in return he would pay Rs.500/ for lodging boarding and since then he had started living with them.
1 of 2004 order in Criminal Appeal No.
PW 17 Dr. Bishnu Kant Pandey stated that on 19th April, 1998 he was working on the post of R.S.O. in the unit of Dr. Ramesh Prasad Singh.
Injury No.
2 Stitched wound on upper portion of right arm.
