ATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was friendly to Surinder deceased. The latter developed illicit intimacy with Minakshi niece of the former. On 30.7.1996, at about 9.00 A.M. Atish came to the house of the deceased and took him to his house, within the area of Police Station, Meham, district Rohtak. At about 10.30 P.M. one Joginder came to the house of Surinder and told Smt. Sunheri Devi PW-9, mother of Surinder, that her son was admitted in the clinic of Dr. Arjun Goel at Meham as he had consumed tablets. On this Daryao Singh PW-5, brother of Surinder went to the clinic of Dr. Goel along with his friend Subhash PW-6. As the condition was serious, Surinder deceased was removed to Medical College, Rohtak. On the way Surinder made on oral dying declaration before Daryao Singh PW-5 and Subhash PW-6 that he was given some poisonous substance by the appellant. Later on Surinder died at Medical College, Rohtak. Appellant Atish also got himself admitted in the said hospital.

(2.) On receipt of V.T. message HC Siri Kishan PW-4 went to PGIMS, Rohtak and enquired about the fitness of the appellant and Surinder deceased to make their statements but they were declared unfit to make statements. On the same very day he received a message that Surinder deceased had expired. He went to the PGIMS, Rohtak and found that none was present near the dead body of Surinder. On 31.7.1996 he recorded the statement Ex. PJ of Daryao Singh PW-5 in the hospital. He prepared inquest report Ex.PC and took into possession one sealed bottle from the doctor containing viscera. The dead body was sent for post-mortem. The Head Constable also prepared report Ex. PM vide daily diary No. 15 dated 31.7.1996. He also recorded the statement of Atish appellant on 2.8.1996. On 12.8.1996, Smt. Sunehari PW-9 made her statement Ex. PN before the said Head Constable and on its basis formal F.I.R. Ex. PN/2 was recorded at 12.30 P.M. on 12.8.1996. The special report reached the learned Ilaqa Magistrate at 4.00 P.M. on 12.8.1996. On the same day ASI Nathu Ram PW-10 went to the house of the deceased and prepared rough side plan Ex. PZ. The appellant was produced by Subhash Chander on 13.8.1996 and was arrested.

(3.) Dr. Suman Yadav PW-1 conducted autopsy on the dead body of Surinder deceased on 31.7.1996 at 3.45 P.M. and after receipt of report of the Chemical Examiner Ex. PA gave her opinion that the cause of death was due to aluminium Phosphide poisoning. Report of the Chemical Examiner indicated that contents of Exhibits No. l and 2 gave positive test for aluminium phosphide and contents of exhibit No. 3 gave positive test for saline only.