SHANTI DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant - Smt. Shanti Devi widow of deceased in the case namely Dev Raj against the judgment and order dated 28.02.2013 passed by the learned Additional Sessions Judge, Faridabad, whereby Raju and Manvender (respondents No. 2 and 3) have been acquitted of the offences punishable under Ss. 302 and 201 read with Sec. 34 of the Indian Penal Code ('IPC' - for short). Along with the appeal, criminal miscellaneous application No. 52205 of 2013 has been filed seeking condonation of delay of 202 days in filing the appeal.

(2.) FIR (Ex. PAE) was registered on the statement of complainant - Ravinder Dagar son of Hari Chand, resident of Village Kabulpur Bangar, Tehsil Ballabgarh, District Faridabad. According to the complainant, he was present in his village on 09.07.2011. He received information at that time that within the revenue limits of his village, a truck had overturned and it was lying in big ditches. The complainant along with Bhopal Singh son of Phool Singh and Heera Lal son of Bhim Singh reached the spot where the truck had overturned. There they noticed that truck No. HR -38G -7788 had overturned in the ditches along the road in the fields of Chanda son of Singh Ram. In the cabin of the truck, there was a dead body of an unknown person with several injuries on its head. There was blood also in the cabin of the truck. It appeared that someone had murdered the said unknown person and the incident had been made to appear as an accident. The complainant left Bhopal Singh at the spot and he was going to lodge a report that the police party headed by ASI Anil Kumar met him and recorded his statement.

(3.) Police proceedings were recorded by ASI Anil Kumar to the effect that on 09.07.2011 he along with Constable Pardeep Kumar and Constable Asab Khan were going to Kabulpur village in a government vehicle. On receiving information that a truck was lying overturned in village Kabulpur, then on the way to the village, near Bharat Bhatta Ravinder Daggar Sarpanch of village Kabulpur (complainant) met them. He submitted an application. From the application, offence under Sec. 302 IPC appeared to be made out. The writing was sent to the police station through Constable Asab Khan for registration of a case (FIR). After registration of the case, its number was asked to the intimated. He also sought permission to investigate the case. Investigation was conducted by ASI Anil Kumar. He reached the spot and prepared rough site plan Ex. PAB along with marginal notes. The dead body was recovered from the truck, which was identified by Netra Pal, who was working as a conductor on the truck. The statement of Netra Pal conductor was recorded. The dead body was sent to B.K. Hospital, Faridabad. Information was given to the family members of deceased Dev Raj son of Than Singh. Blood from the spot was lifted with the help of swabs which was taken in possession vide recovery memo Ex. PM. The truck was also taken in possession vide recovery memo Ex. PN.