VINOD AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction dated 17.11.2001 passed by the learned Addl. Sessions Judge, Sonepat, whereby the Appellants Vinod and Virender both sons of Chander Bhan stands convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short the 'Code') and order of sentence dated 22.11.2001 to undergo life imprisonment and to pay a fine of Rs. 5,000/ -and in default of payment of fine, to undergo further rigorous imprisonment for a period of one year.

(2.) THE prosecution case was set in motion, on the basis of the statement of Suraj Mal (PW -13), teacher in a Government Primary School, Rai and father of the deceased -Virender Kumar, made to SI, Dharampal on 7.3.1999 at 10.A.M., at Jaipur Golden Hospital, Rohini, New Delhi, in respect of the incident which took place on 5.3.1999. He stated that on 3.3.1999, there was a quarrel between his sons Virender Kumar, Ravinder Kumar and Virender son of Raghbir and Vinod Son of Chander Bhan. Vinod son of Chander Bhan, the present Appellant No. 1 was admitted in the Government Hospital, Sonepat for treatment. After returning from school, he along with his sons Virender Kumar and Ravinder Kumar went to the house of Vinod for apology so that both sides may forget ill will against each other. Chander Bhan -father of Vinod told him to go to the hospital. On 5.3.1999, at about 12.30 P.M., he (Suraj Mal) along with Ravinder Sarpanch and his both sons Virender Kumar, Ravinder Kumar and Virender and Devinder sons of Raghbir reached hospital. Vinod was admitted on the third floor of the hospital and his brother Virender @ Beena and his father Chander Bhan son of Chandgi were present as attendant near him. When his son Virender beg apology from Vinod after touching his feet, then Vinod caught hold hands of his son and Vinod's brother Virender @ Beena inflicted a knife blow near the right side of chest with an intention to kill him and said that they will take revenge for causing injury.

(3.) ASI , Satish Kumar recorded FIR (Ex PA) on receipt of ruqa (Ex. PN) from the doctors of General Hospital, Sonepat. An application (Ex. PJ) was submitted by HC Ajit Singh to doctor for his opinion in respect of fitness of the injured to make statement. The doctor opined that the injured Virender has been referred to PGI, Rohtak. The police team went to Rohtak but doctor at PGI, Rohtak told that the injured is not admitted there. On 6.3.1999, HC Ajit Singh reached the village Kurar where they came to know that the injured Virender is admitted in Hindu Rao Hospital, New Delhi. On this, Ajit Singh reached Hindu Rao Hospital where the doctor reported, vide Ex. PK/1, that the patient had left hospital against the medical advice. It is alleged that no person was available who could inform about the injured. On receipt of the telephonic message on 7.3.1999, the police officials reached Jaipur Golden Hospital, Delhi for initiating proceedings where Suraj Mal -father of the deceased gave statement on the basis of which, FIR (Ex. PA) was recorded and the special report sent to the Magistrate.