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Tuesday, Oct 15, 2019

‘How can body have abrasions if car runs it over 5 times?’

In a round of final arguments in Akansh Sen murder case, defence counsel uses victim’s medico legal reports to pointing out material contradictions in the statements of three witnesses

cities Updated: Sep 04, 2019 00:58 IST
Tanbir Dhaliwal
Tanbir Dhaliwal
Hindustan Times, Chandigarh
Hindustantimes
         

During the final arguments in Akansh Sen murder case, the defence questioned how can a body have abrasions if a BMW car weighing 1,520 kilogram runs it over three or five times.

Sen, a relative of former Himachal Pradesh chief minister Virbhadra Singh, was allegedly run over by a BMW car following a brawl in Sector 9 on February 9, 2017.

According to the prosecution, accused Balraj Singh Randhawa crushed Sen under his car after being instigated by another accused, Harmehtab Singh Rarewala. While Rarewala was arrested on February 16, 2017, Randhawa remains at large.

LETTING THE DEAD BODY SPEAK

Starting the arguments stressing on how the entire case has been “fabricated”, Harmehtab’s counsel advocate NPS Warraich read the statements of three prosecution witnesses - Adamya Rathore, Rajan Papneja and Karan Yog - wherein they have talked about how Sen was run over.

“As per the statement of Adamya Rathore, Akansh was run over five times by the BMW car. As per the statements of Rajan Papneja and Karan Yog, he was run over thrice by the car,” Waraich said in the court.  

Pointing out that there are “material contradictions” in the statements of three witnesses regarding the part that “how the injured was run over?”, Waraich said that in such circumstances, one should “let the dead body speak.”

Waraich then read out the death summary and medico-legal report to point out the kind of injuries suffered by Akansh.

“Dr Parshant from the PGIMER, who is the first doctor to examine Akansh when he was rushed to the hospital, mentioned the following injuries in the report — 5x2cm laceration over occiput (head injury), 2x1cm abrasion over right eye lid, 2x1cm abrasion over right elbow and multiple abrasions on lower abdomen,” Waraich said.

Waraich said even the death summary of Sen, prepared by Dr Aman Barish on September 10, 2017, at 5.30pm, says the type of injuries were “acute subdural haemorrhage” with “defused axonal injury” with multiple contusions (bruises) and “laceration on occiput”.

Subdural haemorrhage can be a medical emergency, usually caused by a head injury strong enough to burst blood vessels. Diffuse axonal injury is a form of traumatic brain injury, wherein brain rapidly shifts inside the skull as an injury is occurring.

‘SEN WOULD HAVE DIED IMMEDIATELY’

Waraich added that the BMW weighs around 1,520kg, and with two adults sitting in it, the weight would go up to 1,680kg, which, if ran over a 95kg man five times, would not even leave a body to pick from the ground.

 Advocate Manjit Singh added that instead of being abrased, the body’s abdomen would have blown off, and that Sen would have died immediately and not after 36 hours.

Waraich referred to a book, Medical Jurisprudence and Toxicology, as per which “if a person is run over by a heavy vehicle, then there will be multiple fractures, crush injuries and degloving of skin over limbs and abdomen.”

Stating that the medical exam does not prove that Sen was run over by a BMW car, Waraich said, “If he (Sen) wasn't run over, then it was not a murder, and Harmehtab is falsely implicated.”

The case will now come up for another round of final arguments on September 6.

BLURB:

First Published: Sep 04, 2019 00:57 IST

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