JAI PAL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Jai Pal and Daya Ram have preferred the present appeal against the judgment dated 19.08.2002 and order of sentence dated 21.08.2002, passed by the Addl. Sessions Judge, Jhajjar, vide which they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for six months each under Section 302 read with Section 34 IPC and rigorous imprisonment for three years and to pay a fine of Rs.1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each under Section 452 read with Section 34 IPC. Both the sentences are ordered to run concurrently. However, regarding acquittal of accused Rajinder has not been written in the impugned judgment but perusal of the record and interim order show that he was acquitted.

(2.) Brief facts of the prosecution case are that on 29.03.2001, ASI Umed Singh, Police Post Jhajjar, received ruqa Ex.PJ from Civil Hospital, Jhajjar regarding the arrival of injured Jai Singh in burnt condition and the patient was referred to PGIMS, Rohtak. ASI Umed Singh, Police Station, Jhajjar, alongwith Constable Rajas had gone to PGIMS, Rohtak and collected medical ruqa and MLR of Jai Singh from Police Post, PGIMS, Rohtak.

(3.) Thereafter, the Investigating Officer went to the Court of Duty Magistrate and requested the Magistrate to record the statement of injured Jai Singh. Then he alongwith Smt.Rajni Yadav, Judicial Magistrate, reached PGIMS, Rohtak. Investigating Officer moved an application Ex.PM for taking the opinion of the doctor regarding the fitness of Jai Singh. Doctor declared Jai Singh fit to make the statement. Thereafter, Smt.Rajni Yadav, Judicial Magistrate, Rohtak, recorded the statement of injured Jai Singh, which is as under:- 1. I reside in village Dawla with my wife and children. My father and my brother used to quarrel with me in regard of my wife. They say my wife is characterless.