STATE Vs. BHUPINDER

JUDGEMENT

(1.) THIS is a revision petition filed by the State who are aggrieved with an order passed by the learned ASJ in case FIR no. 173/2006 under Sections 302/365/ 376/34 IPC registered at P. S. Maurice Nagar against respondent and one Sh. Ajay Luthra on the allegations that one Ms. Lucy kashung was brought to Hindu Rao Hospital by two persons including Ajay Luthra on 16. 12. 2006 at around 8:30 am, who was declared brought dead by the doctors. She was brought by accused Ajay Luthra and his neighbour / friend Sh. Anand Thukral. An FIR was registered in respect of this incident after a complaint was made by the brother of the deceased, Lucy Kashung.

(2.) IT is the case of the petitioner that on investigation it came out that the deceased was friendly with accused Ajay Luthra and that: i) On the intervening night of 15/ 16. 12. 2006 accused Ajay Luthra along with his friend Bhupinder Singh had planned to go out for a drive in his Car No. HR-06b-6499 to take some drinks and meat etc. and make merry. They had picked up the deceased from outside her working place, ii)That accused Ajay Luthra and the respondent accused with deceased Lucy Kashung had taken alcohol and other non-vegetarian items and were driving the car in the area of Vijay Nagar and Kingsway Camp etc. Accused Ajay Luthra had stopped the car near the forest area of Hindu Rao Hospital and respondent accused had stood out side to guard the car. During this time Accused ajay Luthra had asked the deceased for sex which she refused on which accused Ajay luthra tried to commit rape on her. When she. threatened to complaint to the police, the accused Ajay Luthra got angry and sat on her stomach and closed her mouth with his hands. This resulted in the death of Ms. Lucy Kashung. After that the respondent bhupinder Singht who was there outside the car keeping the watch had gone away and ajay Luthra had brought the dead body of lucy Kashung in. his car HR-06b-6499 to his house. iii) That in the morning, the accused Ajay Luthra went to the house of his neighbour and friend Anand Thukral and told the entire 'event to him. Both of them took the deceased to the Hospital where she was declared brought dead.

(3.) THE body of the deceased was sent for post mortem. The post mortem report has revealed: