STATE Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Instant appeal is arising from the Judgment dated 29.08.2018 passed by the learned Additional Sessions Judge, (EAST)-SPL. JUDGE (NDPS), Kakardooma, Delhi in Session Case No. 387/2016 emanating out of FIR No. 113/2011 registered under Sections 498A and 302 IPC at P.S. Gazipur, Delhi, whereby the respondent/accused was acquitted from the charges levelled against him.

(2.) The brief facts stated are that on receiving DD No. 41B on 11.04.2011 at 12:40 PM, SI Harpal Singh reached to LBS Hospital where he met with injured Poonam w/o Krishan who was admitted vide MLC No. 5254/11 with alleged history of intake of acid. Thereafter, IO, SI Harpal Singh requested the concerned SDM, Preet Vihar to visit the hospital. SDM Hukam Singh reached to LBS hospital and met with injured Poonam and recorded her statement Ex.PW2/A.

(3.) After recording statement of Poonam, statement of complainant was marked to SHO PS Gazipur for necessary action. On basis of complainant's statement, an FIR, FIR No.113/11 was registered under Sections 498A/328 IPC against the accused in PS Gazipur. Investigation of the case was handed over to SI Harpal Singh and accused was arrested on 04.05.2011. SI Harpal Singh collected MLC of the victim. The victim Poonam was discharged from LBS hospital on 21.04.2011. Thereafter, the victim Poonam got herself admitted in LNJP Hospital and got medical treatment from LNJP Hospital on 27.04.2011 at 10:08 AM. She died on 23.09.2011 at about 5:45 PM. IO SI Harpal (Retd.) consequently handed over further investigation of the case to ASI, Bhagwat Dayal and on direction of SDM he got conducted postmortem of deceased Poonam and dead body of Poonam was handed over to her elder brother Lalit Kumar. On 20.05.2012 he collected the post mortem report of deceased Poonam and thereafter, sections 498A and 302 IPC were also added in FIR and he handed over the file to MHC(R). On 13.07.2012, further investigation was handed over to Insp. Ram Dhan and on 28.04.2013 accused Krishan Kumar was arrested from house no. A-141, Kondli, Delhi.