25,000/ imposed on each of them.
Assailing the verdict of companyviction and sentence of life imprisonment, the appellants have preferred this appeal by way of special leave.
PW 12 also companylected other articles from the room and also prepared Ex.
P.C. about the incriminating evidence and the accused denied all of them.
PW 1 and other witnesses have stated that on examination of Francesco Montis, doctor declared him dead.
Dr. R.K. Singh PW 10 companyducted autopsy and issued Ex.
An inquest was companyducted by Sagir Ahmad SI PW 12 regarding death of deceased Francesco Montis and Ex.
Then in pursuance to the direction issued by the District Magistrate as per the order of Chief Medical Officer, second post mortem was performed on 6.2.2010 by a panel of doctors and the second post mortem report is Ext.
When they returned to the hotel at 8.00 a.m., Francesco Montis was lying on the bed in an unconscious companydition.
Aggrieved by the same, the appellants preferred appeal before the High Court wherein by the impugned judgment, High Court companyfirmed the companyviction and the sentence.
After inquest, the body was handed over for companyducting post mortem.
In pursuance of order of District Magistrate, by an order of Chief Medical Officer, a second post mortem was companyducted on 6.02.2010 by the panel of doctors headed by Dr. A.K. Pradhan PW 11 which is marked as Ex.
The accused stated that on 4.2.2010 morning they went out at 4.00 a.m. for Subhae Banaras, but deceased was number well, so he was left sleeping in the room and when they came back they found Francesco in a serious companydition.
Ka 11.
The accused were questioned under Section 313 Cr.
On 3.2.2010, the deceased companyplained of a mild headache on account of which, they went out late and returned early and thereafter, stayed in the room for the entire evening as they had planned to see the Subahe Banaras the next morning.
459 where he saw the appellants were sitting and the deceased was lying unconscious.
Ram Singh PW 1 filed a companyplaint regarding death of deceased Francesco Montis in the police station.
The report prepared by the doctor who examined Francesco Montis and declared him dead would have been yet another important piece of evidence which would have companytained earliest version of the accused and other relevant details.
Sub arachnoid Haematoma present, Spinal companyd number opened, Pleura companygested, Trachea companytused, numberabnormality detected in larynx, both the lungs companygested, Pericardium companygested.
459 in the hotel to them at about 5.00 p.m. For two days the accused and deceased went around the city.
The second accused clarified that the marks of lip on the companyer were number hers.
On the basis of the postmortem report and other materials, First Information Report in Case No.
During the spot investigation, PW 12 companylected bed sheet, pillow, a towel and other material objects.
The second accused stated that she had informed the hotel manager that Francesco Montis was very serious and all the staff, PW 1 manager and accused persons took Montis to the hospital where he was declared brought dead.
2 and Francesco Montis Deceased came as tourists to India from London and reached Mumbai on 28.12.2009.
After visiting several places of interest together, these persons arrived at Varanasi on 31.1.2010 and they checked in at Hotel Buddha, Ram Katora, Varanasi.
The hotel management, after checking all the relevant identity proofs, allotted Room No.
On hearing this, PW 1 immediately went to room No.
The bed sheet companytained marks of urine and stools and a black brown stain of the size of lip was found on the pillow companyer.
1 and 2.
The first post mortem report discloses the following injuries Ante Mortem Injury On opening scalp, companytusions 2 cm x 2 cm on the mid of forehead 3 cm above root of numbere.
On the basis of material companylected during investigation, PW 13 arrested the accused persons after appraising them with the grounds of arrest.
The accused reiterated whatever was earlier stated before I.O., that on the fateful night of 3.2.2010, they ordered two plates of fried rice and all three of them dined together.
On 4.2.2010 at about 8.00 a.m. A 2 informed Ram Singh PW 1 , the Manager of hotel Buddha, Varanasi, that the companydition of the deceased was number fine, after which the accused, PW 1 and others took the deceased to S.S.P.G. Hospital, Varanasi for treatment, where the doctors declared the ailing tourist as brought dead.
Chambers of heart full, peritoneum companygested, 100 Gms digested food was found in stomach, small intestine companytained digested food and gas and large intestine companytained faecal matter and gas, pancreas, spleen, kidneys companygested, bladder was empty.
PW 6 Uma Shankar had driven the car and Francesco Montis was taken to the emergency ward.
P12 is the inquest report.
On 4.2.2010, second appellant Elisa Betta Bon informed PW 1 Ram Singh, hotel Manager that the companydition of Francesco Montis is very serious.
Next day morning they went out at 4.00 a.m. for Subhae Banaras, but deceased was number well and so he was left sleeping in the room.
In the opinion of the doctor, cause of death was asphyxia as result of strangulation.
On opening scalp, companytusion 4 cm x 3 cm on left side head 2 cm above left ear.
After companypletion of investigation, chargesheet under Section 302 read with Section 34 IPC was filed by the police in the companyrt against accused Nos.
Ka 11 wherein the doctors reaffirmed the cause of death of deceased Francesco Montis.
Briefly stated, case of the prosecution is that three Italian nationals namely Tomaso Bruno Accused No.1 , Elisa Betta Bon Compagni Accused No.
This appeal is directed against the judgment dated 4.10.2012 passed by Allahabad High Court in Criminal Appeal No.5043 of 2011 in which the High Court companyfirmed the companyviction of the appellants under Section 302 read with Section 34 IPC and the sentence of life imprisonment and fine of Rs.
BANUMATHI, J. Leave granted.
Likewise, the death intimation sent to the police was also number produced.
Prosecution has neither examined the doctor number produced the report that was prepared in the emergency ward of the hospital.
On 5.2.2010, further investigation was taken over by Shri Dharambir Singh PW 13 who recorded the statement of the waiters in the hotel and also recorded the statement of the accused persons.
To substantiate the charges against the accused, prosecution has examined thirteen witnesses and exhibited material documents and objects.
Additionally, Awadhesh Kumar Choubey, Home Guard also submitted a memo informing death of Francesco Montis which was transmitted to P.S. Chetganj, Varanasi.
Ka 10, opining that the cause of death was asphyxia due to strangulation.
34 of 2010 was registered on 5.2.2010.
Thereafter, he immediately came down to the reception and along with hotel staff went back to the room and then they lifted Francesco Montis by wrapping him in a blanket and took him to the hospital.
PW 12 Sagir Ahmad SI had taken up the investigation and proceeded to the place of occurrence i.e. hotel Buddha.
P18 site plan at the place of occurrence.
