NARENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant- Narender has filed this appeal challenging judgment dtd. 5/10/2016 passed by the learned Sessions Judge, Rohtak, whereby appellant-Narender has been convicted for the offence punishable under Sec. 302 IPC. Vide separate order dtd. 5/10/2016, he has been sentenced as under: Ss. Sentence 302 IPC R.I for 25 years and fine of Rs.15,000.00 and in default of fine, RI for one year

(2.) Brief facts necessary for adjudication of the matter are that on the intervening night of 06/7/1/2015, Hari Om, Deputy Station Superintendent, Rohtak (PW-6) was on duty from midnight to 08 a.m. After departure of Train No. 12983 i.e., Garib Rath at about 3.15 a.m., he telephonically informed all Gateman about departure of said train. When no response was received from the Gateman manning Gate No. 4-B, he instructed Gateman of Gate No. 4-A to check. At about 3.40 a.m., driver of the said Train namely Jagdish Chander found that Gateman of Gate No. 4-B was lying injured. Gateman of Gate No. 4-A i.e., Sunil also telephonically informed PW-6-Hari Om, Deputy Station Superintendent about the incident. Sunil was instructed to initiate proper proceedings upon which information was conveyed to Assistant Chief Medical Superintendent and SHO, GRP, Rohtak vide memo Ex.PF.

(3.) On receipt of information, SI, SHO-Sukhbir Singh (PW-13) along with ASI Snehi Raj-PW-9 reached the spot i.e., Gate No. 4-B where dead body of Krishan Kumar, Gateman was found lying on a slab in Signal Cabin (GUMTI) of the Gate. FSL Team was summoned. PW-12-Dr. Saroj Dahiya, Incharge FSL Team along with the others carried out spot inspection and submitted report Ex.PO. PW-13 also inspected the spot. Ruqa Ex.PB was sent to Police Station GRP for registration of the case through HC Rajesh. Formal FIR No.03 dtd. 7/1/2015, Ex.PP was recorded on the said information. Rough site plan, Ex.PQ, was prepared by PW-13 and scaled site plan Ex.PL, was thereafter prepared by ASI Raj Kumar-PW-10. Blood-stained iron rod Ex.MO3 was recovered and taken in custody vide memo Ex.PH after converting into separate sealed parcels. Blood-stained brick Ex.MO4 was also lifted and taken in custody vide memo Ex.P1. SIM issued by IDEA bearing No. 86078-92161 was taken in custody vide memo Ex.PJ. Inquest proceedings were conducted. Inquest report is Ex.PR. Postmortem was conducted at PGIMS Rohtak by Dr. Sangeeta-PW-14. Statements of witnesses were recorded under Sec. 161 Cr.P.C. As per postmortem report, cause of death was multiple injuries and their implications like hemorrhage and shock which were found sufficient to cause death in normal course of nature. Injury was found on the head of deceased-Krishan Kumar.