PAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the impugned verdict, as made on 8/2/2012, by the learned Sessions Judge, Jind, upon Sessions Case No. 60 of 15/6/2011, wherethrough, he proceeded to convict the accused, in respect of a charge drawn against him, for an offence punishable under Ss. 302 of the IPC. Moreover, vide a separate sentencing order, drawn on 8/2/2012, he proceeded to impose, upon the convict, the sentence of life imprisonment qua an offence punishable under Sec. 302 the IPC, besides in respect thereof, imposed a sentence of fine, as comprised in a sum of Rs.10,000.00, and, also, upon default of payment of fine amount, the convict became sentenced to undergo rigorous imprisonment for a term extending upto a period of one year.

(2.) The convict becomes aggrieved from the above recorded verdict of conviction, and, also, from the consequent therewith sentence(s) of imprisonment and of fine as became imposed, upon him, and hence becomes led to constitute thereagainst the instant appeal before this Court. Factual Background

(3.) The genesis of the prosecution case becomes embodied in the appeal FIR, to which Ex. PH is assigned, whereins it is mentioned that on 2/3/2011, on receipt of a telephonic message from the police station, E/SI Jagphool Singh, who along with lady ASI Ram Patti, and, EHC Naresh Kumar No. 784, was present at Old Bus Stand, Safidon, in connection with patrolling, after collecting medical ruqa, reached General Hospital, Safidotn, and, collected MLR of the injured from the doctor. He also obtained his opinion regarding condition of injured Mukesh, who declareed her fit to make a statement. Thereafter, on an application moved by him, the learned Illaqa Magistrate concerned, recorded her statement in question-answer form. Subsequently, Sub Inspector Jagphool Sigh obtained a certified copy of the aforesaid statement of injured Mukesh, and, after making his endorsement thereon he sent the same along with MLR to the Police Station, through EHC Naresh Kumar, on the basis of which initially a case under Sec. 307 of the IPC was registered in Police Station, Safidon, vide FIR No. 43 of 2/3/2011. However, on 3/3/2011, on receipt of a telephonic information regarding the death of injured Mukesh in PGIMS, Rohtak, Sub Inspector Jagphool Singh went there, and, conducted inquest proceedings in respect of her dead body. Post-mortem examination on the dead body was got conducted, and, the offence under Sec. 307 of the IPC was converted into the one under Sec. 302 of the IPC.