STATE OF HARYANA Vs. JAI PARKASH

JUDGEMENT

(1.) THE present petition has been directed against order dated 31.07.2008 passed by the Additional Sessions Judge, Narnaul, whereby the accused (respondents herein) have been discharged of the offence under Sections 302, 120 -B read with Section 34 of the Indian Penal Code (in short "IPC") at the stage of framing of charge.

(2.) THE facts, in brief, are that on 08.03.2008, Mahi Rajcomplainant lodged information alleging that he and his brother Attar Singh are married and his two brothers Piru and Raghbir are unmarried. Raghbir, his brother was found dead in the morning. His post -mortem was got conducted to know the cause of death.

(3.) IN the post -mortem examination, cause of death is strangulation leading to asphyxia, sufficient to cause death in ordinary course of time. Proceedings under Section 174 of the Code of Criminal Procedure (in short "the Code") were conducted and statement of Rajinder was recorded. Rajinder made a statement that Raghbir Singh was brother of his maternal grand mother and slept at about 12 in the night. When he (Rajinder) got up for urinating and came out of the house, dogs were barking near the house of Raghbir. He saw two persons running in the street. In the morning, he sent his son Surender to milch the buffaloes but Raghbir did not open the gate and later found dead. He suspected Pawan and Munim to have murdered Raghbir. Formal FIR No.97 dated 18.03.2008 under Section 302, 34 IPC was registered at Police Station, Mohindergarh.