KRISHAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Krishan Singh -applicant (complainant) has filed this application under Section 378(4) Cr.P.C., seeking leave to file an appeal against judgment dated 26.4.2011, acquitting the respondent Nos.2 to 4 of the charges framed against them.

(2.) On 21.8.2009, an FIR No.136 was recorded against the above respondents under Sections 302, 201, 404 read with Section 34 IPC. It was allegation against them that they had committed murder of Surender @ Leelu in the intervening night of 19/20.5.2009.

(3.) Process of law was started on a statement made by Krishan Singh (PW6), in which he has stated that on 19.5.2009, he and some other family members had gone to Nagloi (Delhi) to attend a marriage. The deceased Surender and other family members were present in village Dhandhlan. On 20.5.2009 at 6.00 a.m., the complainant and his family members came back to their village. At about 6.30 a.m. he was informed by Satbir son of Kewal Singh that dead body of his brother was lying at a well, situated in the village. The complainant went to the place of occurrence and saw many villagers standing near to the dead body of his brother. Leaving Satbir son of Kewal Singh to guard the body, he went to the police station to report the matter. In his written complaint (Ex.PA) made to the police, after stating above facts, he specifically pleaded that he did not doubt any foul play in the death of his brother. Investigating officer ASI Sant Ram (PW19) sent his complaint to the police station whereupon DDR No.5 was recorded on 20.5.2009 in police station Beri. The investigating officer summoned a photographer and a dog squad to the scene of crime. Dalip Singh (PW4) a photographer took photographs of the dead body. Proceedings under Section 174 Cr.P.C. were carried out. The investigating officer prepared an inquest report (Ex.P2) on the dead body and sent it for post-mortem, which was conducted by Dr.Sher Singh (PW1) against report (Ex.P3). Viscera was sent to the FSL Madhuban for examination. As per report dated 15.6.2009 (Ex.P5) made by Pathology Department of PGIMS Rohtak, on examination of heart of the deceased, no significant pathological change was found at the time of examination.