MAHABIE SINGH Vs. STATE

JUDGEMENT

(1.) This order will dispose of bail applications being Crl.M.(M) I of 1994 (Mahabir Singh & Sher Singh versus State). Crl.M.(M) 24 of 1994 (Shiv Kumar versus State), Crl.M.(M) 50 of 1994 (Manoj Kumar @ Pappu versus State) and Crl.M.(M) 59 of 1994 (Parmod Kumar versus State), for the offence punishable under Sections 302/325/34 IPC in F.I.R. No.361 of 1993, recorded at police station Nand Nagari, Delhi since they arise out of the same incident and they can be disposed of together conveniently.

(2.) This case relates to an incident dated 11.9.1993 in respect of the death of Vinod Kumar, aged about 14 years.Bricfly stated the prosecution story has been that on 12.9.1993, at about 4.30a.m., Ramvir Sharma took his son Vinod Kumar Sharma to G.T.B. Hospital, who was examined by Dr. P.K. Malik and declared Vinod Kumar to have been brought dead. Duty Constable Sansar Singh gave infomation on telephone to P.S.Nand Nagari in this regard, on the basis of which, D.D. No. 20A was recorded at 4.45 a.m. and its copy was given to S.I. Jeet Singh, who along with Constable Rajinder Singh went to the hospital.

(3.) S.I.Jeet Singh collected the M.L.C.of Vinod Kumar and met Smt.Satyawati W/o Shri Ramvir and recorded her statement. It was,inter-alia, stated by her that she along with her family was residing at House No. A-307-E,B-Block,Ashok Nagar and that Vinod Kumar, aged about 14 years was her son.She went on to state that on 11.9.1993,at about 6.30 p.m. Sanjay along with Babli and Parmod came to her house and took away with them her son Vinod on the plea that there was a matter with regard to a theft and that enquiry was to be made fromVinod Kumar. She has further stated that at about 10p.m.Mahavir and his son Shera,Babli, Parmod and Pappu KapreWala brought her son Vinod to her house and while giving abuses to her, proclaimed that in case the amount of theft was not available, they would get her house sold and at that time, Pappu gave a forceful slap on the face of her son Vinod. She claimed having made a request to them to leave her son but they did not acceed to her request and again took her son along with them. It was also claimed by her that at that time, her son was groaning with pain and at about 11.30 p.m.Babli and Parmod lefther son Vinod at her house when he was having injuries on his person. He has also stated that she changed the clothes of her son and made him to lay on cot and at that time, her husband was not present at the house and on arrival of her husband at house at about 4 a.m., she along with her husband took Vinod to the hospital where he was declared by the doctor as "brought dead".