SURESH KUMAR Vs. VIPIN

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Dehradun, vide his Judgment and order dated 22.8.79 has convicted the accused Vipin @ Prince, Vijay @ Pappu and Suresh on a charge under Section 304, Sub-Clause II, after acquitting them on the charge under Section 302, read with Section 34, I.P.C. All the three accused have been sentenced to undergo 3 years R.I. The aforesaid judgment and order was passed in S.T. No. 119 of 78, State v. Vipin and others of the district of Dehradun.

(2.) THE case started on the basis of a written F.l.R. lodged by P.W. 8 Indra Prakash at P.S., dated 23.7.78 at 12.10 p.m. THE incident is said to have taken place on 22.7.78 around 9.30 p.m. behind the Hanuman temple. THE distance of the police station is hardly two furlongs from the place of occurrence. THE simple allegation in the F.l.R. is that the accused Vijay has done mar-pit with his son Sushil Kumar, causing him injuries. THE injured had been admitted in the hospital by accused Vipin Kumar Jain.

(3.) THE prosecution examined P.W.8 Sri Indra Prakash, the complainant, who happens to be the father of the deceased Sushil Kumar. He has deposed that on 22.7.78 when he returned from Saharanpur around 9.30 or 10 p.m., he learnt that the accused Vijay, Vipin and Suresh (appellants) had injured his son Sushil Kumar and Sushil Kumar was lying in the hospital. He went to the hospital. He saw his son in unconscious state. He himself became panicky and became busy in the treatment of his son. On 23.7.78, he reported the matter at the police station. Since he was confused, he could not tell the names of all the culprits. Not only this, he had washed the blood-stained clothes of his son (God knows what was the hurry for it). Later on these washed up clothes were handed over to the police.