BALBIR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by the appellants, challenging thei conviction, vide order dated 14.07.2009, passed by the Additional Sessions Judge (Fast Track Court), Rohtak, for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, and their sentences, vide order dated 17.07.2009, in the following terms: -

(2.) HC Udham Singh, of Police Station Meham (later PW -10), received a V.T. message on 08.10.2007, from Police Post, PGIMS, Rohtak, Ex. P14, that Geeta wife of Ashok Kumar, resident of Mokhra, had been admitted to the PGIMS, Rohtak, with burn injuries. PW10 forwarded the information to the Investigating Officer and then along with Constable Bhagat Singh, reached Police Post, PGIMS, Rohtak, collected a "rukka" and MLR and upon reaching Ward No. 6 of the hospital, filed an application, Ex. P -5, dated 08.10.2007, before the attending doctor, seeking information whether Geeta was fit to make a statement or not. The doctor opined that the statement may be recorded by a Magistrate. HC Udham Singh appeared in the Court of Mrs. Sangeeta Rai Sachdeva, JMIC, Rohtak, informed her of the necessity of recording the statement of Geeta, injured, and escorted the Judicial Magistrate to the hospital. The learned Magistrate recorded the statement of Geeta, Ex. P -15. A copy of the statement was handed over to HC Udham Singh, who appended an endorsement, Ex. P -16, and forwarded it to Police Station, Meham, through Constable Bhagat Singh. The statement led to registration of FIR No. 261, dated 08.10.2007, Ex. P -26, by ASI Om Parkash, for the alleged commission of offences punishable under Section 307/498 -A IPC. Udham Singh was met at the gate of PGIMS, Rohtak, by Jeewan son of Hans Raj, resident of Farmana and then proceeded to village Mokhra, the place of occurrence, prepared a rough site plan, Ex. P -17, lifted a plastic can, a match box and a piece of burnt quilt, which were taken into possession and after making them into a separate parcel, sealed with the seal 'HS', handed over to Bhagat Singh, vide memo Ex. P18, attested by Jeevan Dass. The DSP and the SHO, Police Station, Meham, arrived at the spot and verified these facts.

(3.) THE prosecution, in order to prove its case, examined the following witnesses: -