MAHESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is preferred by abovesaid appellant -Mahesh against the judgment dated 23.12.2009 and order of sentence dated 24.12.2009 passed by the Court of learned Additional Sessions Judge, Faridabad in criminal case bearing FIR No. 38 dated 31.01.2008 under Sec. 302, IPC, Police Station, City Ballabgarh, District Faridabad, vide which accused was held guilty for the offence punishable under Sec. 302, IPC and convicted thereunder.

(2.) The case as put forth by the prosecution before the learned trial Court in brief was that on 31.01.2008 an information was received telephonically in the Police Station that a lady had burnt due to fire in Kumharwara, Ballabgarh, who had been taken to Government Hospital, Ballabgarh. On this ASI, Jai Kishan, In -charge, Police Post, Agarsen Chowk, Ballabgarh went to said hospital and obtained ruqa and MLR of injured -Manju. The Doctor reported her to be fit to make statement and in the presence of the Doctor, he recorded the statement of injured -Manju wife of Mahesh, which was as under: -

(3.) Upon this statement of injured -Manju, ASI Jai Kishan made his endorsement and sent ruqa to Police Station on the basis of which a case under Sec. 307, IPC, was registered against accused -Mahesh. Injured expired on 01.02.2008 while under treatment at Safdarjung hospital, New Delhi. Then the offence under Sec. 302, IPC, was added in this case. Inquest proceedings with regard to dead body were conducted in the said hospital. Post -mortem on the dead body of deceased was also conducted in the same very hospital. Accused was apprehended in this case. Statements of witnesses were recorded. Investigating Officer visited the spot of occurrence and prepared the rough site plan. On the completion of investigation as well as receipt of the report of Chemical Examiner, challan against the accused was presented in the Court of learned Illaqua Magistrate, Faridabad, who further committed this case to the Court of learned Sessions Judge, Faridabad for its trial after making compliance of the provisions of Sec. 207, Cr.P.C.