HARISH KUMAR (IN JUDICIAL CUSTODY) Vs. STATE

JUDGEMENT

(1.) Petitioner is the nephew of one Sudesh Kumari. Sudesh Kumari was admittedly assaulted in the intervening night of 26.5.2007 and 27.5.2007. The time was around 2.15. A.M. MLC of the injured shows that she was taken to the hospital by her brother-in-law. I am informed his name is Hoshiar Singh. How the injury inflicted on the person of Sudesh Kumari, in the hand of the doctor, is recorded on the MLC as under:- H/o Thief came at night and injured to patient by brick.

(2.) FIR was lodged at 4.15 hours. The FIR has been lodged by the son of the injured namely Vatan Kumar. He has stated that he was watching television when he heard his mother shriek. That when he rush to his mother's room he found her injured. That his mother told him that her bhabhis page 1 of 3 and bhatijas had hit her.

(3.) From the record of police I find that the statement of the injured was recorded for the first time on 12.6.2007 i.e. after nearly 19 days of the incident. I note the MLC of the injured wherein it is recorded that the patient was conscious when brought to the hospital. It remains unexplainable as to why statement of the injured was recorded after 19 days.