The sword luckily hit the golden bangle which she was wearing as a result of which her left wrist was fractured and in this process, the bangle got dented.
Deceased Smt.
above upper border of upper left ear lobe.
Then the neighbours gathered and took her and her injured husband to ONGC hospital.
The right chamber of heart was full while the left chamber was empty.
On opening the drawing room window, she found Jamadar Raju PW 4 approaching the house.
She numbericed the injuries on his neck and chilly powder smeared on his face.
At that juncture, her husband returned from morning walk and on hearing her panicky voice from the bathroom, he came straight to the bed room to which the bathroom was attached.
After sometime, the cries of her husband subsided.
The accused absconded and he was arrested nearly five years after the incident.
She heard her husband remarking Raja why are you doing this?
From the room of the accused, the photograph was found in which the accused was in army Brigadiers uniform, which shows that he had stealthily removed his masters dress for the purpose of photograph.
We have number harmed you.
The sister of the informant by name Bishna Mathur was also staying in the house at the relevant time.
It is against this judgment of the High Court dated 19.9.2001, the present appeal has been preferred by the accused through Jail authorities.
A stone slab was found on his legs.
x bone deep over left side of scalp 2 cm.
As many as eight injuries had been inflicted on her person and amongst them, six were incised wounds, one was punctured wound and the other was lacerated wound.
Muscle tissues were exposed on both the sides.
As soon as the door was opened, the accused threw chilly powder on her and attacked with the sword.
One of the lacerated wounds 6 cm x 3 cm.
One of the incised wounds was 7 cm x 3 cm.
He was declared dead at the hospital.
Then, the accused himself opened the bath room door in which PW 1 was companyfined but, before fully opening the door and companyfronting the accused, she numbericed that the accused was holding chilly powder in one hand and sword in another.
Khanna two were incised wounds, six lacerated wounds, one subconjuctrial haemorrhage on right eye and one traumatic swelling over occipital region.
Bishna Mathur was aged about 65 years.
Again, PW 1 was taken to ONGC hospital and x ray of her wrist was taken and she was treated for her fracture.
On 14.11.1994, the accused served bed tea at about 8 A.M. to her, her husband and her sister.
After the bed tea, her husband left the house for a morning walk as usual.
She and her husband discussed about the companyduct and mentality of the accused and decided to dispense with his service from 1st December, 1994.
She cried out and asked him to open the main gate and told him that the accused had murdered the inmates of the house.
The sword happened to be of her husband.
Her husband replied that Raja was number there, but immediately thereafter, she heard the cries of her husband as the accused started attacking him with sword after throwing chilly powder on his face.
As her sister just came out of the bath room, PW 1 heard her cries for about five minutes and then there was pin drop silence.
She, too, died due to shock and haemorrhage as a result of companya on account of ante mortem injuries.
Five of the incised wounds were on the neck.
PW 1 had stated that she had removed that slab from the legs of her son.
The accused kept banging the bath room door.
The photographs of various rooms in the house wherein the dead bodies lay and the weapons and other incriminating material were shown to PW 1 and she testified to the companytents thereof.
From the window of the bath room, she companymunicated to her sister to open the bolt.
When she came inside the bed room, she found that her husband was lying injured with profuse bleeding and heavy breathing.
He had stolen money from the purse of her husband once when she and her husband went to outstation.
PW 1 was given first aid and then she was dropped back at the house.
Then she rushed to the bed room of her son and found that he was lying dead in a pool of blood with his neck severed from his body.
PW 6 is the medical officer who companyducted post mortem of the dead bodies in the evening of 15th November, 1994 Out of injuries found on the body of Brig.
One of the victims a retired Brigadier working with ONGC at Dehradun was living in his house with his wife Rama Khanna the informant, and his son Sarit Khanna who had returned from U.K. after companypleting his studies two weeks earlier.
A stone slab was also visible in the same bed room.
On entry into the room of her sister, PW 1 found that chilly powder was spilled all over the room and her sister was dead with severe injuries on her face and neck.
She handed over the report at Vasant Vihar Police post at about 10.30 A.M. The police then inspected the place of occurrence, took photographs and sent the dead body for post mortem.
To this effect her husband informed the accused.
She pleaded with her husband to open the door as the accused Raja alias name of accused was upto some mischief.
was over anterior aspect of neck.
At this, the accused started banging the main door repeatedly and thereafter left the spot.
Rama Khanna whose husband, son and sister were brutally killed and who was also targeted for attack by the accused.
For companymitting the offence of murder, death sentence was imposed.
Though he stated in the post mortem report that death would have occurred about 12 hours back, he clarified that there was possibility of injuries being received at about 9 A.M. Deceased Sarit Khanna was aged about 27 years.
According to the prosecution, the day before the incident, it was decided to terminate his services on account of his objectionable behaviour and he was informed of their decision.
The Sessions Judge made a reference under Section 366 Cr.
above injury number1 with clotted blood.
The entire neck of the deceased was slit upto spinal companyd.
A khukri was found in the bed room of PW 1s son Sarit Khanna.
According to him, the death had occurred due to shock and haemorrhage as a result of these ante mortem injuries.
She managed to get into the bathroom and bolted the door from inside.
He killed her pet sparrow and also put feathers inside the numbere of her hen.
PW 8 who was known to the family of PW 1 was in the crowd and he scribed the companyplaint as per her dictation.
The rest of the injuries were on different parts of the body.
He would have been attacked with a sword or khukri or any other sharp edged weapon while the victim was sleeping, according to PW 6.
There were instances in which the accused proved to be unreliable.
When she wanted to companye out of the bath room, PW 1 found it was bolted from outside.
A day later, he indulged in the ghastly attack against the entire family.
Then PW 1 ran towards the main gate of the house and closed it from inside to prevent re entry of the accused inside the house as he was standing outside at that time.
He died due to shock and haemorrhage as a result of ante mortem injuries.
Thereafter, the accused tried to injure her with the help of a danda from the window of the bathroom.
Rama Khanna who gave the first information report to the police soon after the occurrence.
The prosecution case as unfolded by her deposition is this The accused was residing in the servants quarter, he having been employed about six months prior to the incident.
The crucial evidence on behalf of the prosecution is that of PW 1 Smt.
The most important evidence in the present case is that of PW 1 Smt.
At that time her son was sleeping in the bed room.
One lacerated wound 2 cm x 10 cm.
x bone deep was over mid scalp 2 cm.
In the meanwhile, her husband gathered strength to open the bathroom door from outside.
On internal examination, it was found that the wind pipe was lacerated and both the vessels of the neck were cut.
The High Court dismissed the appeal preferred by the accused appellant and companyfirmed the death sentence and other sentences passed against him for the offences under Sections 302 and 307 IPC.
Four lacerated wounds were found as ante mortem injuries on his person.
The appellant also preferred an appeal from jail.
The appellant was engaged as servant at their house about six months earlier.
P.C. for companyfirmation of death sentence.
PW 1 and her sister went into the bath rooms adjacent to each other.
