Akansh murder case: Medical evidence belies prosecution theory
Murder or accident: PGIMER report says cause of death road accident, head injury; no injury on chestpunjab Updated: Oct 14, 2017 12:26 IST
Putting a question mark on the prosecution’s theory that Himachal Pradesh chief minister’s nephew Akansh Sen was run over thrice by a BMW car on February 9 this year, the victim’s postmortem report states that he died due to a severe head injury caused by a road accident.
The report prepared by the Post Graduate Institute of Medical Education and Reseach (PGIMER), a copy of which is with HT, fails to indicate any medical evidence or injuries on the deceased’s body that explicitly amount to murder.
Using this as ground, the defence has filed the bail application for Harmehtab Singh Rarewala, one of the accused booked for murder. It will come up for hearing on Monday. The injuries found on Sen’s body, as per the postmortem report, are “laceration on occipital region. Superficial abrasion over lower abdomen”. It rules out any injury on chest when it mentions “negative chest x-ray”.
To make the case strong, the defence has included the forensic report, highlighting how all those involved, including the victim were extremely intoxicated and drunk.
The report concludes that the cause of death is road accident with head injury. Highlighting the difference between accident, incident and nature of crime, defence counsel AS Sukhhija has claimed that this isn’t a case of murder as claimed by the police.
“The crux of the FIR lodged by Adamya Sen (complainant) stating that the car was repeatedly, three times, passed over Akansh does not corroborate with the medical proof on record as there is no such indication of the same,” states the bail application. On assessing the report, HT found that Akansh’s head injury was not treated till he expired.
Questions on witness account
The bail application mentions how hospital records contradict the claims of complainant and other witnesses. Questions have been raised on the time of incident and the victim’s arrival at the PGIMER.
While the postmortem report mentions the time of incident as 5-5:15am,other documents mention it as 6am, followed by time of arrival at the PGIMER as 9:35am. As per the daily diary report (DDR) entry, the injured was at the PGI at 8:24 am and none of witnesses were there till 9:35am. The defence has argued that witness account cannot be taken into consideration as no one was around when the victim was brought.
Also, the police records states the accident took place near one Deep Sidhu’s house. However, a witness account at the PGIMER police station claims Akansh was admitted to the hospital due to an accident at the Sector-9 market.
“The crux of the FIR stating that the car was repeatedly passed over Akansh does not corroborate with the medical proof on record.”
To make their case strong, the defence has included the forensic report, highlighting how all those involved, including the victim were extremely intoxicated and drunk. As per the Central Forensic Science Laboratory (CFSL) report, the amount of elthyl alcohol in Akansh’s blood was 98.3%, much higher than normal.
“Mere production of clothes of witnesses stained with blood before police do not show that those present were the eyewitnesses when circumstances show that such persons were not present around Akansh when he was carried to the PGI by someone,” reads the bail application.
HT also learnt that there is a CD of the postmortem, which shows how the deceased’s hair were not shaved and it the head injury likely came to light at a latter stage.