RINKU @ KANA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Rinku @ Kana, Kalu and Lovely, all the three brothers were tried by the Court of learned Additional Sessions Judge, Rohtak for offences punishable under Sections 302 read with Section 34 of the Indian Penal Code ('IPC' - for short). They were convicted and sentenced to undergo rigorous imprisonment for life, besides, pay a fine of Rs. 10,000/- each and in default thereof, undergo further rigorous imprisonment for a period of one year each.

(2.) The accused-convicts, who are appellants before this Court pray that their appeal be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charges framed against them.

(3.) Briefly stated, the prosecution case as it emanated during the trial is that on 9.9.2007, a telephone message was received at Police Station City, Rohtak from Police Post PGIMS, Rohtak that Sonu son of Parkash Chand, resident of Salara Mohalla, Rohtak was admitted in the said medical institute with burn injuries. An Investigating Officer was asked to be sent. On receipt of said message, SI Om Parkash (hereinafter referred to as the Investigating Officer/IO) along with other police officials reached Police Post PGIMS, Rohtak. A copy of the MLR Ex.PB of Sonu and written intimation Ex.PC were collected from there. Then the police party went to Ward No.4, where Sonu was admitted. The Investigating Officer obtained opinion from the attending doctor regarding fitness of injured - Sonu to make a statement. After getting an opinion in the affirmative, he recorded the statement Ex.PK of injured - Sonu.