AMIT KUMAR AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sunny @ Sahil, Deva Nand, Amit Kumar and Tilak Raj have filed the above mentioned appeals challenging judgement dated 29.9.2012 passed by learned Additional Sessions Judge, Ambala holding them guilty of committing offence punishable under Section 302 read with Section 149 of Indian Penal Code, 1860 (for short, 'IPC'). Vide order dated 4.10.2012, all the four convicts/appellants have been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/- each.

(2.) The matter arises out of FIR No.59 dated 20.04.2009 under Sections 120-B, 148, 302/149 of IPC, registered at Police Station Mahesh Nagar, Ambala Cantt. It is case of the prosecution that on 19.4.2009 police received intimation (Ex.P11) sent by Medical Officer, Government Hospital, Ambala Cantt to the effect that Raju son of Raj Kumar has been hospitalized due to multiple injuries and had been referred to PGI Chandigarh due to his serious condition. However, when the injured reached the hospital in Chandigarh, he was declared dead. The hospital authorities thereafter sent intimation (Ex.P-33) to the police regarding death of Raju. SI Rajbir Singh (PW-12) along with other police officials proceeded to Government Hospital, Sector 32, Chandigarh. The deceased's parents i.e. Raj Kumar (complainant) and his wife Laxmi Devi were present there and the police recorded their statements. It was on the basis of statement of Raj Kumar that the FIR (Ex.P-15) was recorded. The gist of his statement (Ex.P-9), when translated to English reads as follows:

(3.) Dead body of Raju was subjected to post mortem examination. Inquest proceedings were conducted. Police visited the place of occurrence. Statements of witnesses were recorded. Accused Geeta was arrested on 20.4.2009. Accused Amit Kumar was arrested on 21.4.2009. Accused Tilak Raj, Ravinder, Sharda, Pankaj Kumar, Deva Nand and Sunny @ Sahil were arrested on 24.4.2009.