STATE OF HARYANA Vs. SAT NARAIN

JUDGEMENT

(1.) SAT Narain and Siri Bhagwan were tried by the Additional Sessions Judge, Sonepat for offences under Sections 449, 120-B and 301 I.P.C. and acquitted vide judgment dated 7.11.1994.

(2.) STATE of Haryana is aggrieved by the judgment of Additional Sessions Judge, Sonepat and has come up in appeal.

(3.) ON reaching his village Harsana, Raj Kumar PW7 found that his father Hari Singh had gone to Sonepat to meet his maternal uncle. Raj Kumar and his brother Rajesh PW9 then came to Sonepat and from there they had proceeded to village Lath along with their father. After reaching Lath, Raj Kumar PW7 left his father and brother Rajesh at the spot and proceeded to the Police Station, Gohana where he lodged F.I.R. No. 343 dated 20.10.1992 Ex.PE with regard to the incident at 2.30 P.M. under Sections 302, 376 and 449 read with Section 34 I.P.C. The S.H.O. after registering the F.I.R. had accompanied Raj Kumar PW7 to the spot and prepared rough site plan Ex.PL depicting the place of the occurrence. Photographs were also taken at the spot. The inquest proceedings Ex.PM were also conducted. A blood-stained bed sheet placed on the cot of Kamlesh deceased was taken into possession vide memo Ex.PA. The dead body was also sent through A.S.I. Sube Singh PW1 to the hospital for post mortem examination. Dr. B.K. Gupta PW8 conducted post mortem examination on the dead body of Kamlesh at 9 A.M. on 21.10.1992 and after detailing six injuries found on the person of the deceased opined that the cause of death was asphyxia on account of throttling which was sufficient to cause death in the ordinary course of nature. The dead body was then handed over to the relatives and a sealed packet containing the clothes worn by the deceased, glass slides and sealed vial containing swabs were handed over to the police and taken into possession by ASI Sube Singh through recovery memo Ex. PB. These articles were deposited in the Mal Khana with M.H.C. Pawan Kumar. Sat Narain was arrested on 21.10.1992 and on 22.10.1992 he was examined medico-legally and found fit to perform sexual intercourse. Siri Bhagwan in turn was arrested on 19.11.1992. He was medico-legally examined and found fit to perform sexual intercourse. The Forensic Science Laboratory on examination of the clothes and slides found human semen. On completion of investigation, the challan was put in Court against the respondents under Sections 302, 449 and 120-B I.P.C. On going through the papers sent up for trial, the Illaqa Magistrate committed the case to the Court of Sessions.