MANGTU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Applicant Mangtu Ram has preferred the instant application under Sec. 378(3) of the Code of Criminal Procedure seeking Special Leave to Appeal against judgment dtd. 1/12/2016, passed by learned Additional Sessions Judge, Gurgaon, vide which respondents no.2 and 3 have been acquitted of the charges framed under Sec. 302 read with Sec. 34 IPC.

(2.) The factual scenario, as projected by prosecution, is that on 24/6/2014, one telephonic call was received from Control room at Police Station, Pataudi that one person in injured condition was lying along with the road near Shri Ram Public School, Uncha Majra. Upon this information, Inspector/SHO Ranbir Singh along with SI Rasik Lal and Constable Sandeep reached at the spot in Government vehicle. ASI Mukhtiar Singh and Constable Surender were also present at the spot. Mangtu Ram son of Ramji Lal met them and presented a written complaint to the effect that his son Parveen, aged 23 years, was doing service at 3T Company, Baghanki as a Driver. On 23/6/2014, at about 06:00 AM, his son Parveen had gone to his company on his motorcycle. As his son got late while coming back from his duty, so he contacted his son at about 07:45 PM on his mobile no. 90503-01891. His son told him that he was at his work place and would reach the house within 20 minutes. They kept on waiting for his son the entire night but he did not return. On the next day, at about 07:00 AM, Gania @ Pawan Kumar son of Sultan, came to his house and told that his son Parveen was lying in the fields of Satbir son of Mohan Lal and was breathing heavily and to take care of him. He parked the motorcycle of Parveen in his house. The complainant, along with Sarpanch Om Parkash, Numberdar Daulat and Dev Karan reached at the spot, as told by Gania @ Pawan and found that Parveen was lying in injured condition and was breathing heavily. They took him to Chauhan Hospital, Pataudi where he was declared 'brought dead'. They again took back dead body of Parveen to the fields of Satbir and informed the police. It was alleged that the complainant had suspicion that accused Pawan along with his friends firstly made Parveen to consume beer and thereafter caused injuries to him and then, drowned him in water. On the basis of these allegations, case under Sec. 302 read with Sec. 34 IPC was registered. Thereafter, investigation was conducted by Inspector/SHO. Rough site plan of place of occurrence was prepared. Wooden pieces, chappal, beer bottles were taken into police possession vide separate recovery memo. Statement of witnesses under Sec. 161 Cr.P.C. were recorded. Accused were arrested and after completion of investigation, the final report u/s 173 Cr.P.C was presented in the Court.

(3.) On finding a prima facie case punishable under Sec. 302 IPC read with Sec. 34 IPC against both the accused, they were charge-sheeted accordingly, to which they did not plead guilty rather claimed trial.