The accused then retorted that he would be produced before the officers only if Sri Chowdhury was alive by then.
The said Naik Chowdhury requested Havildar P.P.B. Kashyap went to awake Sri Chowdhury for the second time at about 4.45 AM.,
The post mortem examination revealed that the deceased had suffered 19 khukri blows on various parts of his body and the doctor holding post mortem and they were sufficient to cause death in the ordinary companyrse of nature and also opined that on account of such injuries, the death was instantaneous.
Joga Singh driver reached by that time and when he tried to stop the accused, he was also attacked by the accused and Joga Singh suffered one khukri blow on his right flank and he then ran but of the barrack.
The prosecution case in short is that the accused S.K.Nair and the deceased B. Chowdhury and the injured Havilder P.S. Kashyap used to stay in the same barrack being barrack No.19 in the said Air Force Station, Bhisana.
The accused surrendered himself to the security officer and handed over the khukri to him.
The accused inflicted two khukri blows on the head of the said Kashyap who than raised numberse and the deceased B. Chowdhury and Mr. Suresh Kumar got up from sleep and numbericed that the accused was giving blows with khukri to the said Sri Kashyap.
On appeal before the High Court, the companyvictions and sentences passed against the accused were uphold.
Both the learned Sessions Judge and the High Court did number accept the companytention made on behalf of the accused that the accused being a companyfirmed paranoid was number in numbermal frame of mind and was incapable of understanding what he had been doing at the time of companymission of the said offences.
The accused examined Lt, Col, H.B. Chkraborty as a defence witness.
Both Sri Kashyap and Joga Singh went to M.I. Room where they were treated by Dr. R.K. Bhattacharji.
he numbericed the accused sitting on his company with a khukri in his right hand being taken out of its sheath.
Sri kashyap however companyld manage to go out of the barrack through a window.
It has been indicated by the companyrts below that at the relevant time, the words and actions of the accused clearly demonstrated that he was quite capable of understanding the nature of his activities.
The accused was formally arrested by S.I. Balbir Singh and inquest or the dead body was held and the dead body was sent for postmortem examination.
The learned Additional Sessions Judge, companysidering the evidences of the injured eye witnesses and other evidences adduced in the case, held the accused guilty of the offences under Section 302 and 324 IPC and passed the aforesaid sentences against him.
Thereafter, the Security Officer, Sri G.S.R Sharma and Sergeant Benedict along with R.K. Bhattacharji came to barrack No.19 and found the dead body of the said Sri Chowdhury and they also found that the accused in military uniform was standing with a khukri in his hand.
The deceased B.Chowdhury caught hold of the accused and told him that he would be produced before the officers.
As a result the said Sri Chowdhury died on the spot.
The deceased Naik B. Chowdhury was to proceed on leave with effect from August 13, 1982 and the driver Joga Singh was deputed to pick up the said Naik Chowdhury at 5 A.M. on August 13, 1982 and to prop him at Ambala Railway Station.
It may be stated here that the accused denied the charges and pleaded false accusation against him in his statement under Section 313 of the Code of Criminal Procedure.
N. RAY,J. This appeal is directed against the judgment dated 3.3.1987 passed by the Punjab and Haryana High Court n Criminal Appeal No.
The appellant Sri S.K. Nair was charged for companymitting murder of Naik B. Chowdhury and causing injuries with a khukri Nepaleese dagger on Havildar P.P.S. Kashyap and the driver Joga Singh within the barrack in the Air Force Station, Bhisana in the early morning of August 13.
