MADAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The epitome of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 29.05.2001 at about 5.00AM, Suresh(deceased), brother of complainant-Rattan Kumar(PW1) son of Balwan Singh had gone with appellant-convict Madan son of Desh Raj and acquitted coaccused Rohtas son of Chote Lal, on his(appellant's) tractor-trolley bearing Registration No.HR-12A-0526, for selling Millet(fodder)(Jawar) at Rohtak. At about 1.30 PM, they brought Suresh in an injured and unconscious condition to his house. The liquor smell was coming out of their mouths. The complainant asked them to remove his brother Suresh to the hospital, but they went away. Thereafter, the complainant along with his brother Baljeet brought Suresh to the Civil Hospital, Dighal, from where he was referred to PGI Rohtak. As luck would have been, he expired on the way and his dead-body was brought to the village. The matter was reported to the police. After post-mortem examination of his dead-body, the complainant developed suspicion regarding the cause of death of his brother. Subsequently, he came to know that in fact a quarrel had taken place between Suresh and the accused, at a place near Irrigation Minor, falling within the area of Dighal. Appellant-Madan and his other co-accused Rohtas were stated to have caused injuries to him.

(2.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that on 29.05.2001, his brother Suresh had died on account of injuries, caused by the appellant and his other co-accused, culminating into his death. In the background of these allegations and in the wake of complaint(Ex.PA) of complainant- Rattan Kumar, the present case was registered against the appellant and his other co-accused, vide FIR No.113 dated 31.05.2001, on accusation of having committed the offences punishable under Section 304 read with Section 34 IPC, by the police of Police Station Beri, District Jhajjar, in the manner described here-in-above.

(3.) After completion of the investigation, final police report (challan) was submitted by the police against them to face the trial for the pointed offences.