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Rajasthan HC Upholds Death Sentence Awarded To Murder Accused [Read Judgment]

LIVELAW NEWS NETWORK
12 Aug 2020 7:09 AM GMT
Rajasthan HC Upholds Death Sentence Awarded To Murder Accused [Read Judgment]
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The Rajasthan High Court last week upheld the death sentence awarded to a murder accused.

 Mohan Singh @ Mahaveer was accused of murdering a woman by strangulation, and thereafter taking out certain organs from her body by cutting her abdomen. As per the post mortem examination report Exhibit P36, liver, ovary, bladder, uterus and part of intestine of the deceased were missing. The Trial Court convicted him under Section 302, 392 and 201 of the Indian Penal Code and awarded him death sentence.

While upholding the conviction, Justices Sabina and Chandra Kumar Songara took note of various circumstantial evidence brought on record by the prosecution before the Trial Court which included CCTV footages to establish 'last seen circumstances' and the DNA test report from the sample taken from deceased. All the circumstances brought on record by the prosecution lead to the hypothesis of the guilt of the convict and negate his innocence, the bench said.

To confirm the sentence of death, the High Court noted that Singh was accused in a double murder case and had absconded from Open Air Camp, Sanganer while he was undergoing sentence in pursuance to his conviction.

"As per the post mortem examination report Exhibit P36, liver, ovary, bladder, uterus and part of intestine of the deceased were missing. It also transpires that the pelvic cavity of the deceased contained long blouse (kurti) and petticoat. Thus, the convict had not only murdered the deceased by strangulation, but had thereafter cut her abdomen and taken out certain organs from the body and had put her kurti and petticoat in her abdomen and had stitched the abdomen with a wire. Keeping in view the criminal antecedents of the convict as well as the manner in which the present crime has been committed, learned trial court had rightly sentenced the convict Mohan Singh @ Mahaveer with death sentence under Section 302 IPC. Thus, the conviction and sentence of the convict are liable to be upheld.", the Court said while dismissing his appeal.

Case details
Case no.: D. B. Criminal Death Reference No. 7/2020
Case name: State of Rajasthan vs. Mohan Singh @ Mahaveer
Coram: Justices Sabina and Chandra Kumar Songara
Counsel: AAG Javed Chaudhary  and Adv Suresh Sahni 

 Click here to Read/Download Judgment

Read Judgment





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