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2014 Supreme(Del) 1994

High Court of Delhi
PRADEEP NANDRAJOG & MUKTA GUPTA, JJ.
State
Versus
Ravi Kumar & Others
Death Sentence Ref. No. 1 of 2014 CRL.A.No. 563, 726 & 1036 of 2014
Decided On: 26-08-2014

Advocate Appeared:
For the Appearing Parties:Varun Goswami, APP with Insp. Sandeep Gupta, Ranjeet Dhaka, SHO Bir Singh & ASI Nihal Singh, PS Chhawla, A.J. Bhambhani, Sr. Advocate instructed by S.B. Dandapani, Amicus Curiae, Bhavita Modi, Ravi, Saahila Lamba, Amicus Curiae for Vinod @ Chottu, Vikas Padora, Chaman Lal, Rahul, Vikas Padora, Chaman Lal, Advocates.

Judgment :

Pradeep Nandrajog, J.

1. Anamica‘s (name changed) life of 17 years had seen their moments of drama and incidents. She had never before woken up in the knowledge that on February 09, 2012 her life would have a horrific end. She awoke inthe morning of February 09, 2012, with the sun smiling on the windowpane of her room. The yawns were as loud and deep as of all inhabitants of spaceship earth. Finishing her daily chores and returning home at about 8:45 PM in the company of her friends Pooja, Sangeeta and Saraswati, chatting and gossiping, a red indica car screeched to a halt near them and the door flew open. There was no near-miss. An unknown male slammed into Anamica knocking her off her feet and catapulting her into the car, arms windmilling, towards the void beyond life in a few hours thereafter.

2. So swift and furtive were the movements of the predators, like those of a trained blood hound picking out a scent, Pooja, Sangeeta and Saraswati, were left stunned and could not even note the number of the car. They could only see that it was a red coloured indica and had probably three or four boys inside.

3. This was when members of the society last saw Anamica when she was alive. She was seen by members of the society next on February 13, 2012. She was dead. But her dead body spoke. It was penned in the postmortem report. It told that when the weak and helpless, shaken in mind and nerve, body of Anamica was snatched from the society, the hunter‘s mind was that of a hard, unyielding nature, and the predominant idea of finding a victim to rape and kill had taken such complete possession of the mind of the hunter that there was no room for any emotion. As the hunters satisfied their lust and executed their design to kill the helpless Anamica, lest she survives to nail them, they left a record upon the body as a sign of it not being a common rape followed by murder, whimsical and bizarre conceits of which kind are not common in the annals of crime. They have afforded valuable indications to us as to the criminals. The injuries on the body as per post-mortem report Ex.PW-26/A, telling the story we have profiled, are as under:-

“1. Swelling over Rt. Parietal region.

2. Lacerated wound of size 2 cm x 1 cm on Rt. Parietal region.

3. Lacerated wound of 1 x .5 cm on lateral angle of Rt eye.

4. Contusion & swelling over Rt side of face c under lying acchymosis.

5. Contusion over right anterior side of neck, upper one third of size 10 cm in length and 5 cm in width on lateral side and 2 cm on medial aspect.

6. Superficial incised wound two in number extending from middle of neck going downwards laterally to the right (6 cm in length)

7. Bilateral swelling of eyes with congestion in right eye.

8. Superficial incised wound extending from middle of abdomen of size 12 cm going laterally to the right with tailing on right side (3 cm below umbilicus)

9. Superficial horizontal incised wound of size 11 cm on left side of abdomen (2 cm below umbilicus)

10. Superficial horizontal incised wound of size 18 cm in length 4 cm in width above umbilicus.

11. Contusion on bilateral knees.

12. Multiple contusion of various length on right leg anterior aspect.

13. Abrasion of 1cm x 1 cm on middle of the left leg.

14. Abrasion of 1cm x .5 cm on just above injury No.13.

15. Two horizontal post mortem burns of size 10 cm x 2.5 cm on right side of umbilicus and 9 cm x 2 cm on left side of umbilicus.

16. Reddish contusion around right nipple with post mortem burns on bilateral nipples.

17. Circular post mortem burns 4 in number of size ½ cm in diameter, two on each side on both side of umbilicus.

18. Dry and clotted blood present over the face and bilateral nostril. On dissection fracture of right maxilla present.

19. Contusion over left clavicular area. On dissection underlined achymosis present with dislocation of sterno clavicular joint-rigor mortis present in lower limb in passing stage. Post mortem staining on dependent parts.

20. Small white eggs





















































































































































































































































































































































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