TOMASO BRUNO & ANR. Versus STATE OF U.P.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 142 OF 2015

(Arising out of S.L.P.(Crl.) No. 1156/2013)

TOMASO BRUNO & ANR. ..Appellants

Versus

STATE OF U.P. ..Respondent

 

Briefly stated, case of the prosecution is that three Italian nationals namely Tomaso Bruno (Accused No.1), Elisa Betta Bon Compagni (Accused No. 2) and Francesco Montis (Deceased) came as tourists to India from London and reached Mumbai on 28.12.2009. After visiting several places of interest together, these persons arrived at Varanasi on 31.1.2010 and they checked in at Hotel Buddha, Ram Katora, Varanasi. The hotel management, after checking all the relevant identity proofs, allotted Room No. 459 in the hotel to them at about 5.00p.m. For two days the accused and deceased went around the city. On 3.2.2010, the deceased complained of a mild headache on account of which, they went out late and returned early and thereafter, stayed in the room for the entire evening as they had planned to see the ‘Subahe Banaras’ the next morning. On 4.2.2010 at about 8.00 a.m. A-2 informed Ram Singh (PW-1), the Manager of hotel Buddha, Varanasi, that the condition of the deceased was not fine, after which the accused, PW-1 and others took the deceased to S.S.P.G. Hospital, Varanasi for treatment, where the doctors declared the ailing tourist as ‘brought dead’. Ram Singh (PW-1) filed a complaint regarding death of deceased Francesco Montis in the police station. Additionally, Awadhesh Kumar Choubey, Home Guard also submitted a memo informing death of Francesco Montis which was transmitted to P.S. Chetganj, Varanasi. An inquest was conducted by Sagir Ahmad-SI (PW-12) regarding death of deceased Francesco Montis and Ex. P12 is the inquest report. After inquest, the body was handed over for conducting post mortem. Dr. R.K. Singh (PW-10)conducted autopsy and issued Ex. Ka-10, opining that the cause of death was asphyxia due to strangulation. In pursuance of order of District Magistrate, by an order of Chief Medical Officer, a second post mortem was conducted on 6.02.2010 by the panel of doctors headed by Dr. A.K. Pradhan (PW-11) which is marked as Ex. Ka-11 wherein the doctors reaffirmed the cause of death of deceased Francesco Montis….read more