NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Naresh assails judgment dtd. 2/3/2004 passed by learned Additional Sessions Judge, Fatehabad vide which he has been held guilty of having committed offence under Sec. 302 IPC and has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5000.00.

(2.) The matter arises out of FIR No. 245, dtd. 30/12/2000, Police Station Sadar, Tohana, District Fatehabad, under Ss. 302 IPC (Ex.P-11), lodged at the instance of Hardit Singh, father of deceased. Initially one DDR No.7 dtd. 27/12/2000, Police Station Sadar Tohana (Ex.P-13) was recorded at the instance of Desa Singh. The translated gist of the statement (Ex.P-13) of Desa Singh reads as under:

(3.) The aforesaid statement (Ex.P-13) of Desa Singh was recorded by SI Ishwar Singh when he visited General Hospital, Tohana upon receipt of information (Ex.P-10) regarding a dead body having been brought to the hospital. While information (Ex.P-10) was received by SI Ishwar Singh on 26/12/2000, the statement of Desa Singh came to be recorded the next day i.e. on 27/12/2000. SI Ishwar Singh conducted inquest proceedings and got post mortem examination conducted on the dead body.