A court here has convicted a man of murdering his father, saying the prosecution has successfully proved the charges against the accused and the chain of circumstances was complete in all respects.
Kailash was accused of killing his father over a monetary dispute on June 4, 2016.
“The prosecution has successfully proved beyond reasonable doubt that the accused Kailash assaulted his father with a wooden danda on the head and the assault was so forceful that it fractured the cranial plane of the deceased,” Additional Sessions Judge Babru Bhan said in a recent judgment.
“The medico-legal case (MLC) and postmortem report evidence that injuries were sufficient to cause the death of the deceased in the ordinary course of nature. Accused Kailash is accordingly convicted for the offence under section 302 (murder) of the Indian Penal Code,” the judge added.
The court has posted the matter for hearing the arguments on sentencing on July 3.
The judge said Lalita, the accused’s wife and complainant in the case, in her initial information and statement said she was woken up by some noise in the morning and, on noticing her, Kailash escaped and she saw her father-in-law lying in a pool of blood.
However, the complainant later deposed in the court that after her husband was made to leave the house by her father-in-law, she went to sleep. In the morning, she saw her father-in-law was badly injured and lying in a pool of blood, the judge noted.
“It appears that the first version given by the complainant was the truthful version, however, subsequently, in order to protect her husband, she went to deny the fact,” the judge said.
The judge noted that according to her statement, Kailash was demanding money from his father which he had received from the sale of a house. As his father refused to part with the money, the two had an altercation, following which the accused left the house threatening the victim with dire consequences.
“It has also not been disputed that the accused was under the influence of liquor that day. Under the circumstances, it is possible that the accused killed his father in the heat of anger and under the influence of liquor because the deceased was not agreeing to give money to the accused,” the judge said.
The judge also trashed the theory advanced by Kailash’s advocate that the victim died because of injuries sustained in a fall in the bathroom, saying the argument of accidental fall is not supported by medical evidence.
Noting the postmortem report, according to which the death was the result of brain damage due to blunt force trauma to the head, the judge said such a severe injury cannot be caused by an accidental fall.
“As per the forensic report, blood of the deceased was found on the wooden stick (recovered from the spot). If the deceased had suffered injuries in an accidental fall, how on earth, the blood came on the wooden stick? Blood on the wooden stick indicates that the same was possibly used for assaulting the deceased,” the judge said.
The judge also noted the complainant’s testimony according to which Kailash escaped after the incident and kept hiding till his arrest. He also did not attend his father’s cremation.
“If the accused had nothing to do with the crime and his father had suffered injuries accidentally, he had no reason to abscond from the spot. His subsequent conduct of abscondance also indicates this culpability,” the judge said.
The judge underlined the defence did not suggest the involvement of any other person and it was also not disputed that Kailash was the last person who was seen with the deceased.
“The aforesaid circumstances conclusively indicate that the accused and none else committed the murder of the deceased. The chain of circumstances is complete in all respect,” the judge said.
The Vijay Vihar police station had registered an FIR against Kailash based on his wife’s statement.
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