YATENDER PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 28/30/9/2004 passed by the Addl. Sessions Judge, Rohtak.

(2.) The FIR was registered on 29/9/2001, the judgment of conviction and order of sentence passed by the Additional Session Judge, Rohtak is dated 28/30/9/2004, the appeal was filed on 7/2/2005 and the matter is being taken up for hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.

(3.) The facts of the prosecution case are that on 29/9/2001, a telephonic message was received from the police post (P.P) situated at Post Graduate Institute of Medical Sciences (PGIMS /Medical College, Rohtak that a fight had taken place at PGIMS, Doctor's hostel. Thereafter Sub Inspector(SI) Rajender Singh accompanied by Assistant Sub Inspector (ASI) Rajender Singh, Emergency Head Constable (EHC) Mahender Singh, constable Rajiv and constable Virender went to the Doctor's hotel. PW Mohit Singla, complainant met him and got his statement Ex.PH recorded to the effect that after doing M.B.B.S, from PGIMS, Rohtak, he was doing internship and was residing in room No.16. Dr. Harsh Soni, deceased who was also doing internship was residing in room No.03. Accused Yatender Pal was residing in room No. 167. On 28/9/2001 at about 08.00 p.m, he alongwith accused Yatender Pal went to Myna Restaurant in his car make Maruti bearing Registration No.CH-01Q-5966. They started consuming beer at the car parking. He suspected that something was mixed in the beer. Thereafter accused Yatender brought juice. As the taste of the juice was also bitter, he told this fact to accused Yatender Pal, but he replied that it was usual. Thereafter, he felt a little intoxicated and came out of the car and sat in the park. The accused went to PGIMS, doctor's hostel to bring Dr. Harsh Soni. After some time, they came back. Initially, the accused also served beer to him and thereafter juice. By that time, he (complainant) was intoxicated. Thereafter, he brought both of them (complainant and deceased) to the hostel in that very car. Dr. Harsh Soni was sitting on the front seat and was semiconscious and was very much intoxicated at that time. The accused helped him (complainant) reach his room. Dr. Rohit Tomar also saw them at that time. At about 07.00 a.m. when he got up, he found that his room was locked from outside and the dead body of Dr. Harsh Soni was lying on the floor of his room. There were strangulation marks over his neck. He (complainant) came out of the room from the door and went to accused Yatender told him about the death of Dr. Harsh Soni. The accused replied that keys of the room and the car were with him. When he (complainant) took accused Yatender to one side, it was disclosed by him that he (accused) had strangulated Dr. Harsh Soni with the help of a rope in the car and had dragged the deceased to his (complainant's) room because he (deceased) used to tease him (accused) by calling 'Lichar' (Mean) and Budha (Old).