STATE OF HARYANA Vs. MAHIPAL AND ORS.

JUDGEMENT

(1.) The State is aggrieved by acquittal of the respondents Mahipal and Dan Singh of the charge of murder of Ranbir Singh by inflicting injuries to him on the night intervening 4/5.8.1994, on account which, he died on 11.08.1994.

(2.) According to statement Ex. PE, made by Mahabiri (PW -3) widow of the victim, her husband Ranbir Singh, deceased and her brother Manbir Singh (PW -4) were lying asleep on the night intervening 4/5.8.1994 on the roof of their house. At about 3.00 A.M., Mahipal, accused armed with axe and his brother Dan Singh, accused came to the roof via stair -case from the adjoining house. Dan Singh, accused held the deceased in his grip while Mahipal, accused gave a kulhari blow on his neck and both the accused fled away from there. The occurrence was witnessed by Mahabir and her brother Manbir Singh (PW -4). 25 -26 days prior to the occurrence, Subash son of the deceased was alleged to have committed theft of cash and ornaments of Mahipal, who had given threat to settle scores with the deceased. Statement of Mahabiri was recorded by HC Hari Chand (PW -5) at Safdarjang Hospital, New Delhi at 5.30 P.M. on 5.8.1994.

(3.) Ranbir, injured was first taken to Government Hospital, Ballabgarh at 4.55 A.M. on 5.8.1994, from where he was referred to All India Institute of Medical Sciences, New Delhi. A message was sent by the Medical Officer, Government Hospital, Ballabgarh to the Police Station, Ballabgarh, on which, HC Hari Chand proceeded to All India Institute for Medical Sciences, New Delhi. After reaching there, HC Hari Chand learnt that the deceased, in injured condition was shifted to Safdarjang Hospital, New Delhi. HC Hari Chand reached there and he sought the opinion of the doctor at 12.30 P.M. about the fitness of the injured to make the statement. The doctor declared him unfit to do. He then recorded the statement of Mahabiri at 5.30 P.M. referred to above. On the said statement, HC Hari Chand sent a message to Police Station through C. Hamid Khan for registration of a case under Sec. 324/34 IPC. FIR was registered at 7.30 P.M. Ranbir Singh succumbed to his injuries on 11.8.1994, on which, the offence was converted to Sec. 302 IPC.