STATE Vs. JAI PRAKASH ALIAS PRAKASH

JUDGEMENT

(1.) The Petitioner seeks leave to file an appeal against the order dated 12.5.2010 passed by the learned Additional Sessions Judge, New Delhi whereby the Respondents Jai Prakash and Vijay Kumar were acquitted of the offence punishable under Section 304/34 IPC.

(2.) On 4.8.2006, D.D. No. 54-B (Ex.PW 17/A) was recorded in the Police Station on receiving information from constable Vikram (3766/PCR), that a quarrel had taken place at B-119 Tigri Extension. The DD was assigned to SI Ram Kishan (IO) who along with constable Satya Narain reached the spot. He found that injured Ram Swaroop had already been taken to All India Institute of Medical Sciences (AIIMS). MLC PW-11/A was prepared by Dr. Prabhat Kumar. Ram Swaroop was admitted with the alleged history of assault by some unknown persons. At the time of admission the patient complained of pain in the abdomen. He was found to be conscious and oriented. He was bleeding from the nose, but no active bleeding was there at the time of admission of the patient. No injury was noticed by the doctor as per MLC Ex.PW11/A. The IO accordingly proceeded to AIIMS and found injured Ram Swaroop admitted there. Though injured was not declared to be unfit to make the statement, yet SI Ram Kishan did not record the statement as according to him Ram Swaroop was so drunk that he was not in a fit state of mind to make any statement. The IO kept D.D. No. 54-B pending and went into deep slumber. On the morning of 5.8.2006, Ram Swaroop was discharged from the hospital but later in the evening at about 8:00 P.M. he was readmitted to AIIMS. According to the prosecution, the IO reached AIIMS on readmission of Ram Swaroop there, by his son-in-law Santosh Kumar PW-2. He recorded his statement and forwarded the same at 8:30 PM for registration of case under Section 308/34 IPC. As per the statement of Santosh Kumar Ex.PW-2/A Ram Swaroop and Respondents Jai Prakash @ Pinky and Vijay Kumar @ Sonu had taken liquor. On 4.8.2006 at about 9:30 PM the three came out in the street and started making grievance with Ram Swaroop that he (Ram Swarop) opens the Lungi in the street. There was an exchange of abuses followed by some fist and kick blows on the chest and abdomen of Ram Swaroop by the Respondents. Ram Swaroop started bleeding from the nose. In the meanwhile his sister-in-law Bitto Devi PW-1 also came out. Thereupon the Respondents picked Ram Swaroop's lathi and gave blows on his stomach. Santosh Kumar further informed the IO that on hearing the noise some persons from the street gathered there. Some persons out of them informed the police about the incident at Telephone No. 100. His sister-in-law (Bitto Devi) moved Ram Swaroop to AIIMS.

(3.) Since Ram Swaroop was declared brought dead at the time of second admission on 5.8.2006 at 7:53 PM, the case was converted to Section 304/34 IPC. Inquest in respect of dead body of Ram Swaroop was held; Respondents were arrested leading to recovery of some glasses and empty bottle of liquor which are not of much importance.