MUKESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants namely Mukesh and Sanjeev assail judgment dtd. 14/1/2004 passed by the Additional Sessions Judge, Faridabad, vide which while accused/appellant No.1 Mukesh has been held guilty of having committed offence under Ss. 302 and 323 read with Sec. 34 IPC, accused/appellant No.2 Sanjeev has been held guilty of having committed offence under Ss. 302 & 323 IPC. The appellants have been sentenced as under:

(2.) The matter arises out of FIR No.75 dtd. 21/3/2000 registered at Police Station Kotwali Fridabad, Faridabad under Ss. 302, 323, 506, 34 IPC at the instance of Anju. The translated gist of Anju's statement (Ex.PA) on the basis of which FIR (Ex.PA/1) was lodged reads as under:

(3.) As per prosecution, pursuant to a telephonic message having been received in the Police Post No.2 Kotwali from B.K. Hospital, Faridabad regarding admission of Ram Vrikh, PW-10 HC Rambir alongwith Constable Om Parkash went to the hospital and sought permission (Ex.PK) of the Doctor concerned as regards fitness of Ram Vrikh to make a statement, but the Doctor declared him unfit to make statement and referred him to Safdarjang Hospital, Delhi. Thereafter, on 21/3/2000, PW-10 HC Rambir went to Safdarjang Hospital, Delhi and sought opinion of the Doctor regarding fitness of Ram Vrikh, but the Doctor opined that he was unfit to make any statement. Since Anju, daughter of Ram Vrikh met HC Rambir, her statement (Ex.PA) was recorded and sent to police station for lodging FIR. Thereafter, HC Rambir Singh went to the spot and prepared a rough site plan. Statements of witnesses were recorded in terms of Sec. 161 Cr.P.C. However, Ram Vrikh could not survive and succumbed to his injuries on 22/3/2000. Inquest report was prepared. Post-mortem examination was got conducted on the dead body of Ram Vrikh on 23/3/2000.