Delhi District Court
State vs . Amrender Mishra & Others on 5 January, 2015
S.C. 76/13
State Vs. Amrender Mishra & Others
FIR No. 248/13
PS: Sangam Vihar
05.01.2015
PW-10: Ajit Kumar Choudhary, Tehsildar, Kalkaji, New
Delhi.
On S.A.
On 31.05.2013, I was working as Tehsildar-cum-
Executive Magistrate, Kalkaji, New Delhi. On that day, I received
an information from the SDM, Kalkaji and also received call from PS-
Sangam Vihar regarding committal of suicide by one lady, namely-
Arpana Mishra and that her dead body is in Batra Hospital.
Thereafter, I alongwith ASI Dharam Veer of PS-Sangam Vihar,
reached at Batra Hospital for the purpose of inquest proceedings,
where, I inspected the dead body of Arpana Mishra. I also gave
directions to inform the family members of the deceased and the dead
body was sent to AIIMS Mortuary. Till 06.06.2013, family members
of deceased Arpana Mishra did not appear before me, despite several
requests. I also came to know from the IO/ASI Dharam Veer, he had
talked with the father of the deceased, who refused to come by saying
that he had already married his daughter with the accused.
Thereafter, on 06.06.2013, I also made inquiry from the
husband of the deceased, his landlord and others. On the same day, I
S.C. 76/13 : State Vs. Amrender Mishra & Others : FIR No. 248/13 1/7
went to AIIMS Mortuary and recorded the identification statements
of Pankaj- Brother in law of deceased (Devar) and Amrender- husband
of deceased. The same are exhibited as EX.PW-10/A and
EX.PW-10/B, respectively, which both bear my signatures at point 'A'
respectively. My request to Autopsy Surgeon for conducting the
postmortem on the body of deceased- Arpana Mishra is EX.PW-10/C,
bearing my signatures at point 'A'. I also filled up 25, 35 (1) (B)
Form which is EX.PW-10/D bearing my signatures at point 'A'.
On 08.06.2013, ASI Dharam Veer came in my office
alongwith Kamlesh Punyark- father of deceased Arpana Mishra, for
recording his statement. I verbally asked him about the incident and
his statement was recorded under my supervision and before me and
the same is already EX.PW-1/A, which bears signatures of the
complainant- Kamlesh Punyark at point 'A' and my signatures appear
at points 'B' and 'C' on the same. The statement of the complainant
was forwarded to SHO of PS-Sangam Vihar for taking necessary
action as per law. My endorsement on the said complaint is exhibited
as EX.PW-10/E which bears my signatures at point 'D'.
XXXXX by Sh. Rajeev Jain, Counsel for all the
accused:
On 31.05.2013, I received the call from SDM in the
morning time. The SDM had not given me in writing to conduct the
inquest proceedings in this case. I reached the Batra Hospital before
S.C. 76/13 : State Vs. Amrender Mishra & Others : FIR No. 248/13 2/7
12.00 Noon on 31.05.2013. I do not remember at what time I left the
Batra Hospital. I do not remember as to how many public persons
connected to this case, were present in Batra Hospital at that time. I
cannot tell whether there were 2 public persons, 10 public persons or
15 public persons present at Batra Hospital at that time. The father of
the deceased was brought by the IO on the same day when I recorded
his statement i.e. on 08.06.2013. So far as I remember, the father of
deceased had not met me before 08.06.2013. It was Noon time when
the IO brought the father of deceased to my office. As far as I
remember, at that time, I was present in my office and was alone. On
my dictation, ASI Dharam Veer recorded the statement of the
complainant-Kamlesh Punyark (father of deceased). I do not
remember as to how much time had been taken in recording the
statement of the complainant. After recording of his statement, the
entire statement was read over to him. The father of deceased alone,
alongwith ASI Dharam Veer, came to my room. I had not recorded
the statement of the mother of the deceased. It is wrong to suggest
that the statement had not been recorded in my presence; or that in my
office room. It is further wrong to suggest that without any authority,
I had conducted the inquest proceedings in this case. It is wrong to
suggest that I am deposing falsely.
RO & AC (Rajeev Bansal)
s ASJ-3/South District/05.01.2015
S.C. 76/13 : State Vs. Amrender Mishra & Others : FIR No. 248/13 3/7
S.C. 76/13
State Vs. Amrender Mishra & Others
FIR No. 248/13
PS: Sangam Vihar
05.01.2015
PW-9: Dr. Hans Raj, Sr. Resident, Department of Forensic
Medicine and Toxicology, AIIMS, Bhopal.
On S.A.
On 07.06.2013, I was posted as Junior Resident at
Department of Forensic Medicine in AIIMS, New Delhi. On that day,
I had conducted postmortem on the body of deceased- Arpana Mishra
W/o Amrender Mishra, aged 26 years, R/o G-35/10, Sangam Vihar,
New Delhi, vide PM Report No. 703/13. On examination, there were:
1.Ligature Mark- A dark reddish brown parchmentised ligature mark of width 1 Cm was present at the middle one third of neck. The ligature mark was running obliquely, upwards and backwards, merging with posterior hairline at nape of neck, incompletely encircling the neck. The ligature mark was 8 Cm below the mentum and 7 Cm above suprasternal notch in anterior midline of neck. The ligature mark was 3 Cm below right mastoid tip and 7 Cm below left mastoid tip on lateral aspect of neck. Total neck S.C. 76/13 : State Vs. Amrender Mishra & Others : FIR No. 248/13 4/7 circumference was 31 Cm. On dissection of neck, the underlying soft tissue was dry, pale, glistening, white and hard to touch and was devoid of any extravasation of blood or hematoma. The underlying muscles and blood vessels of neck were intact and were devoid of any extravasation or hematoma. Thyrohyoid complex was intact. Tracheal mucosa was congested.
2. A red brown abrasion of size 1 x 0.5 Cm was present on dorsal aspect of right arm.
3. A red-blue contusion of size 5 x 5 Cm was present over left eye and eyebrow.
No other ante-mortem injury was present.
The cause of death in this case was 'asphyxia' due to ante- mortem hanging. However, Viscera was preserved for toxicology analysis.
I handed over dead body, PM report, inquest papers (total 32 in number) and Viscera, to the IO.
The detail PM report is EX.PW-9/A, which bears my signatures at point 'A' respectively.
On 15.07.2013, we received a request from the SHO/IO Insp. Shahid Khan of PS-Sangam Vihar for expert opinion, and he S.C. 76/13 : State Vs. Amrender Mishra & Others : FIR No. 248/13 5/7 submitted one sealed pullanda containing chunni used by deceased for committing suicide; seizure memo of chunni; photocopy of PM report No. 703/13; copy of FIR; and MLC No. 9539/13 of Batra Hospital.
On 29.07.2013, I myself gave final opinion in respect of PM report No. 703/13 and as per my report, after perusal of PM report, inquest papers and alleged ligature material, I was of the considered opinion that the ligature mark present over the neck of the deceased, was consistent with ligature material and that ligature material could have been used for hanging. The PM report and the inquest papers were handed over to the IO. Alleged ligature material sealed with the seal of our Department. My said detailed Opinion dated 29.07.2013 with respect to PM report No. 703/13, is EX.PW-9/B, bearing my signatures at point 'A'.
I can identify the ligature material, if shown to me.
At this stage, MHC (M) has produced one sealed pullanda which is duly sealed with the seal of 'Department of Forensic Medicine AIIMS New Delhi'. The same is opened up and from it, one green colour chunni is taken out. Witness identifies it as the same ligature material which was produced before me for expert opinion. The chunni is EX.PW-9/P-1.
S.C. 76/13 : State Vs. Amrender Mishra & Others : FIR No. 248/13 6/7 XXXXXXX by Sh. Rajeev Jain, Counsel for all the accused:
Nil. Opportunity given.
RO & AC (Rajeev Bansal)
s ASJ-3/South District/05.01.2015
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