BHARAT BHUSHAN ALIAS SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 26.11.1997, at about 6.40 P.M. Bharat Bhushan reached home after attending the tuition classes. He saw the door of his room open. He went inside the room and heard a crying voice from inside. Thereafter, Bharat Bhushan went towards that side and saw that his younger brother Abhishek was lying on the floor and crying. A live electric wire was lying nearby with electric current on. The other side of the wire was fixed in the power plug. Bharat Bhushan switched off the supply of the power and put the electric wire aside. Bharat Bhushan also found that the face of his brother was in critical condition and he had sustained burn injuries on his right hand, two fingers, upper and lower lips and on the tongue. There was a bluish colour mark on the neck possibly caused by wire/rope. On that Bharat Bhushan informed his parents, who were private medical practitioners and were running their clinic in Hallomajra, Industrial Area, Phase I, Chandigarh, on phone. The parents of Bharat Bhushan also reached immediately and they informed the police of Police Station, Sector 19, Panchkula on phone. Looking at the critical condition of Abhishek, the police also reached the spot. Bharat Bhushan and his parents took Abhishek to hospital in Sector 6, Panchkula in critical condition. After some time his brother Abhishek became unconscious. He was referred to the PGI, Chandigarh in the night, where he was brought. It appeared that in the evening of 26.11.1997 at about 6.00 or 6.45 p.m. some unknown persons with an intention to put rope/wire around the neck of Abhishek and with an intention of giving electric shock on his face, tongue and palm entered into their house. Household articles of bed and almirah were lying scattered. Bharat Bhushan and his parents did not examine the things but they were sure that some unknown persons had come to their tenant Pinky and therefore, they had a doubt on her. They had some suspicion on her. The father of Bharat Bhushan had informed the police that one person Kaka had come to Pinky for the last about 8 days and was staying with her inside the house, parking his scooter also inside which needed investigation. The police started investigation on 26.11.1997 itself but the man along with his companions had ran away after causing the incident along with Kaka and Pinky. The life of his brother was still in danger. On that statement of Bharat Bhushan, the present case was registered.

(2.) ABHISHEK regained his consciousness and his statement was recorded under Section 161 Cr.P.C. in which he stated that he was 15 years of age and was a 10th class student. The occurrence had taken place on 26.11.1997 at about 6.30 P.M. in the drawing room of their house. He was attacked and given electric shocks. His neck was pulled with a rope by Kaka and Rajesh. Tara Chand was in uniform. There was a fat man. They gave him electric shocks and gave fist blows and kicks in his abdomen and Tara Chand gave him a fist blow on his face. Pinky shouted to kill him (Abhishek) so that he (Abhishek) may not be able to tell anything about them. He had been told everything and he had come to know about it. Two old Sikh persons with long beard were also there. In total, they were 7-6 persons. Abhishek could identify them. Pinky again said that he was ruined her and she would ruin him. Kaka said that when he would return, he would not spare him. Abhishek was unable to make statement more than this due to his illness.

(3.) AN application was filed on behalf of the prosecution under Section 319 Cr.P.C. for the summoning of SI Tara Chand. The summoning order was passed but the said order was quashed by this Court vide order dated 16.2.1999 passed in Criminal Revision No. 182 of 1999 (Tara Chand Gupta v. State of Haryana), for the reason that the summoning order was passed without recording any evidence during trial.