DAYALA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 8.2.2005 passed by Sessions Judge, Kurukshetra, whereby the accused were acquitted in a complaint case under Section 302 read with Section 34 IPC.

(2.) Dayala Ram-complainant (hereinafter referred to as 'the complainant') and Sunder Lal both sons of Sukhia are the residents of Soodpur. On 3.5.2002, when Sunder Lal was standing at the bus stand of village Soodpur, then Karan Singh and Sanju accused met him. Sunder Lal was to owe some money to them. They took Sunder Lal to their house for settling the accounts with him. On reaching the house, he saw that family members of the accused were taking drinks. The accused also consumed liquor and served it to Sunder Lal also. In the meanwhile, the accused hatched a conspiracy with each other and administered some poisonous substance to him in a glass of liquor and pushed him out of their house.

(3.) Consequently, when the deceased reached his house, his condition became precarious. He told his wife Jasmero and son Raj Pal in the presence of the complainant and Deepa that the accused had administered some poisonous substance to him in the liquor and he was suffering pain in his stomach on that account. Consequently, complainant and others took Sunder Lal to the hospital at Shahbad where he was declared as dead by the doctors. On receipt of the telephonic message, Raj Kumar, Station House Officer, Police Station Shahbad came to the house of the deceased and inspected the dead body. He did not take any action but obtained signatures/thumb impression of the complainant and other family members on the pretext that he wanted to complete the formalities for arresting the accused. He also directed the complainant and his family members not to touch the dead body as he wanted to get conducted autopsy thereon. Consequently on 4.5.2002, he got conducted the autopsy on the dead body of Sunder Lal at LNJP Hospital, Kurukshetra, thereafter, he refused to proceed further into the matter. The complainant also came to know that Raj Kumar SHO had forged some documents on the signed blank papers about which the complainant and other villagers also complained to the Superintendent of Police, Kurukshetra but to no effect. On 7.5.2002, the complainant and other villagers again moved an application to the Deputy Commissioner and Superintendent of Police, Kurukshetra. The complainant further alleged that since the police failed to proceed into the matter, therefore, he filed the complaint.