MUNISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been preferred by complainant Munish Kumar son of Nihal Chand challenging judgment dated 31.07.2014 passed by the learned Additional Sessions Judge, Fatehabad acquitting respondent No.2 Surender Kumar of the charges for offences punishable under Sections 195/196/ 420/120B IPC.

(2.) PROSECUTION in this case was set in motion on complaint, Ex.P1 by appellant Munish Kumar to the Inspector General of Police, Hisar Range averring that a fight took place between him and respondent No.2 Surender Kumar relating to water supply on 17.06.2009. Both the parties received injuries. However, Surender Kumar in a criminal conspiracy with Dr. Makhan Lal (died during trial) after fabricating a false medico -legal report, got a case registered against the complainant under Section 326 IPC. Suspicion was raised against Dr. Makhan Lal who had allegedly asked for money from the complainant as well for rendering a particular medico -legal report in respect to his aunt and cousin brother who had also received injuries. A Board of Doctors was constituted by Deputy Commissioner, Fatehabad at Govt. Hospital, Fatehabad for medical re -examination of Surender Kumar. Respondent No.2 Surender Kumar did not appear before the said board of doctors, who nevertheless opined that injuries suffered by Surender Kumar were with a blunt weapon. Thereafter, Section 326 IPC was deleted and case was registered under Section 325 IPC. A complaint was also submitted against Dr. Makhan Lal to Director General, Health, Haryana for taking departmental action against him, who was found guilty in the inquiry. On these allegations, instant complaint was submitted before Inspector General of Police, Hisar Range and legal action was prayed for.

(3.) FORMAL FIR No.72 dated 09.02.2011 (Ex.P2) was registered on the basis of this complaint. On completion of investigation, challan/report under Section 173 Cr.P.C. was filed against the accused. Charge was framed against respondent No.2 Surender Kumar and Dr. Makhan Lal (since deceased) on 07.03.2013. Accused pleaded innocence and claimed trial. Learned trial court on appreciation of the facts, circumstances and evidence on record, acquitted respondent No.2 Surender Kumar of the charges against him. Accused Dr. Makhan Lal passed away during the pendency of the trial. Aggrieved therefrom, instant appeal has been preferred by the complainant Munish Kumar.