2
victim
and
shirt
containing
dust
particles
and
hair
were
recovered from the appellant.
The body of the victim was sent for post-mortem examination,
which was conducted by Dr. Mukesh Goyal(PW-12).
The following
injuries were found on the body of the victim which is evident
from the post-mortem report (exhibit-P-55):
“i) Multiple abrasions and contusions on back area.
ii) Ligature mark around the neck.
iii) Lacerated wound present over the external orifice,
post part of libia jaora and minura.
iv) labia minora severally contused.”
The
police
after
completing
the
investigation,
charge-
sheeted the appellant for offences under Sections 363, 366, 376
and 302 of the Indian Penal Code.
The trial Court after appreciating the evidence adduced by
the prosecution, awarded death sentence to the appellant and
referred the proceedings for confirmation to the High Court.
The
Division
21.07.2008
Bench
in
of
Criminal
the
High
Reference
Court
vide
No.02/2007
judgment
set
dated
aside
the
judgment of the trial Court and remanded the case to the trial
Court to record its satisfaction as to whether the appellant is
of sound mind and is in fit mental condition to defend himself.
It was further directed that in case the appellant is found to
be in fit mental condition to defend himself, he should be put
to
trial.
The
trial
Court
thereafter
got
the
appellant
medically examined by the Assistant Professor, G.R. Medical
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents