HARBHAJAN SINGH Vs. STATE (DELHI ADMN.)

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 IPC by the learned Additional Sessions Judge for having committed murder of deceased Ashraf by throwing acid upon him and sentenced to undergo imprisonment for life and also to pay fine of Rs. 2,000/ -.

(2.) BRIEFLY stated, the case of the prosecution is that on 20.11.1987 at about 9.30 PM, injured Ashraf (since deceased) was got admitted in JPN Hospital by PW4 Mubarak with alleged history of having sustained burns when someone threw acid upon him while he was defecating near Shop No. 57, Ram Nagar, Qutab Road, Delhi. The duty constable Surjit Singh (PW15) conveyed the message to the Police Station Nabi Karim which was recorded as DD No. 24A at the police station. A copy of DD report was handed over to S.I. Durga Dutt for investigation. He accordingly reached JPN Hospital along with Constable Naresh Kumar and collected MLC of the injured Ashraf, who was declared unfit for statement. The Investigating Officer on the basis of information available with him, made endorsement on the copy of DD No. 24A and sent it to the police station for registration of the case and on the basis of the said information, formal FIR No. 464/87 dated 21.11.1987 was registered at 12.10 AM under Section 326 IPC. SI Durga Dutt did not find any eye witness in the hospital, however, on coming to know the place of occurrence from the address mentioned in the MLC, he went to the place of occurrence, but could not find any eye -witness there either.

(3.) ASHRAF expired on 25.11.1987 and as per the post -mortem report Ex.PW -10/D, the cause of his death was as a result of septicaemia consequent upon the corrosive burns. Body of the deceased was sent for post -mortem and the doctor concerned in his report Ex.PW10/D has opined that the burns suffered by the deceased were sufficient to cause death in ordinary course of nature. The Investigating Officer also recorded the statement of witnesses, recovered the mug from the spot of occurrence and after completion of the formalities of investigation, submitted the charge -sheet against the appellant under Section 302 IPC. The appellant was charged under Section 302 IPC. He pleaded not guilty and claimed to be tried.