GURMEET @ MITA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this application is for suspension of sentence of imprisonment of the applicants-appellants No. 1 and 2, namely, Gurmeet @ Mita son of Banta Ram and Mangat Ram @ Kala son of Banta Ram, during the pendency of the appeal.

(2.) Gyani Ram (deceased) was married with appellant No. 3 Batheri. On 21.6.2007, a medical memo was received at Police Station, Shahabad, from Sidharath Hospital, Shahabad, that Gyani Ram had consumed acid and was admitted in the said hospital. A police party headed by ASI Ram Kishan, reached Sidharath Hospital, Shahabad. However, Gyani Ram, injured, was unfit to make a statement. On 12.7.2007, Gyani Ram, injured, gave his statement in writing (Ex. P-5) in which he, inter alia, stated that he had gone to village Rawa, to bring his wife from the house of her parents. She, however, threatened him and stated that in case he took her, she would get him killed. Gyani Ram then returned to Shahabad Markanda. On 20.6.2007, Gyani Ram again went to village Rawa, to bring his wife. He was served liquor and was given a beating by Gurmeet @ Mita (applicant-appellant No. 1), Mamta @ Mamtesh (appellant No. 4), Premo (appellant No. 6) and his wife Batheri (appellant No. 3). He was administered acid and was thrown in the fields. Somehow, he came on to the road from the fields, from where people took him to the hospital. On 21.7.2007, Smt. Sheela Devi, mother of Gyani Ram, submitted an application, dated 19.7.2007, to the Superintendent of Police, Kurukshetra. It was alleged by her that some weeks earlier her son had been forcibly administered acid. The police had recorded his statement at PGI, Chandigarh but the accused had not been arrested despite the fact that the injured was still lying admitted in L. N. J. P. , Hospital, Kurukshetra. On the said application, FIR No. 247, dated 21.7.2007, was registered for the offences punishable under Sections 323 and 326 read with Section 34 IPC. Later on the offence punishable under Section 326 IPC was converted to that under Section 328 IPC.

(3.) In terms of the affidavits dated 18.9.2012 of Shri Rattan Singh, Superintendent, Central Jail, Ambala, Gurmeet @ Mita, applicant-appellant No. 1, and Mangat Ram @ Kala, applicantappellant No. 2, have undergone imprisonment of 5 years, 1 month and 25 days as on 17.9.2012. The applicant-appellant Nos. 1 and 2 have undergone imprisonment of 3 years, 5 months and 1 day as under-trial prisoners and 1 year, 8 months and 24 days postconviction. The appeal is of the year 2011 and it is not likely to mature for hearing in the near future. The question whether the writing (Ex. P-5), given by Gyani Ram (deceased) is in the nature of a dying declaration or not would require consideration. According to the learned counsel for the applicants-appellants No. 1 and 2, the same cannot be considered as a dying declaration, as the alleged incident had occurred on 20.6.2007 and Gyani Ram died on 9.12.2008 i. e. after about one and a half years of the incident. This aspect would require consideration at the time of final hearing of the appeal.