BALLAB LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 22.02.1996, and the order of sentence dated 27.02.1996, rendered by the Court of Additional Sessions Judge, Gurgaon, vide which it convicted and sentenced the accused (now appellant), as under : Name of the accused (now appellant) The offence for which conviction was recorded. Sentence awarded Ballab Lal U/Sections 195/120-B IPC Rigorous Imprisonment for 3 years. Fine of Rs. 1000/-. In default of payment of fine to undergo imprisonment for two months. Accused Dinesh Kumar and Kishan Chand were, however, acquitted of the charge framed against them.

(2.) THE facts, in brief, are on 14.06.1986, Amar Nath, complainant, made a statement to the Deputy Superintendent of Police, stating therein, that Ballab Lal son of Rameshwar Dayal was an accused, in case FIR No. 8 dated 06.01.1984, Police Station, City Gurgaon. In that case, he was released on bail on 07.01.1984. He got himself and his brother namely Dinesh Kumar admitted, in the emergency ward of General Hospital, Gurgaon, around 10 PM on 08.01.1984. Dr. Kamal Gupta, Medical Officer, medicolegally examined Ballab Lal and his brother Dinesh Kumar. He prepared their MLRs, bearing Nos. KKG/84/6 and KKG/84/7. In these MLRs the injuries were wrongly shown by the doctor, at the instance of Ballab Lal and Dinesh Kumar. Ballab Lal and Dinesh Kumar, were referred to the Radiologist for their radiological examination, who found no fracture on their person. Dr. Baljit Singh, Radiologist of x-ray Department of General Hospital, Gurgaon, on slips CR-87 and CR-88 dated 08.01.1984 reported that there was no bony injury. Ballab Lal was discharged from the hospital on 12.01.1984, whereas, Dinesh Kumar was discharged on 14.01.1984. Ballab Lal was having no fracture from 8.01.1984 to 12.01.1984. At the time of his arrest, in criminal case, even Ballab Lal did not tell the concerned Police official that he was having bony injury. Ballab Lal and his brother Dinesh Kumar, who got themselves admitted in General Hospital, Gurgaon, were medicolegally examined by Dr. Kamal Gupta, in pursuance of the criminal conspiracy, hatched between them. Ballab Lal again, in pursuance of the criminal conspiracy, hatched by him, after bribing Dr. Baljit Singh wrongly got prepared a report of fracture, from him regarding injury No. 3, mentioned in the MLR. Thereafter, a private complaint was filed by Dinesh Kumar, against Amar Nath and others,in a Court at Gurgaon, on the basis of wrong and false fracture report given by Dr. Baljit Singh. False report was used in the evidence by Ballab Lal, Dinesh Kumar and Kishan Chand. All this was done by them, in order to save Ballab Lal from criminal case, registered against him. 2-A. On 15.05.1985 x-ray of the alleged injury of Ballab Lal was again done by Dr. Baljit Singh, as per the orders of the Chief Medical Officer. Even, in the report, submitted by Dr. Baljit Singh, on the basis of these x- ray films, fracture was shown. The Chief Medical Officer, Gurgaon, also sought the report of the Senior Radiologist Dr. K.B. Kamal, regarding these x-ray films. After comparing these x-ray films, NBI (no bony injury) was reported by Dr. K.B. Kamal. In the inquiry, it was found that the fracture of Ballab Lal, was wrongly shown by Dr. Baljit Singh. On the basis of this report, and the statement of Amar Nath, a case was registered. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined S.M. Gupta, (PW-1), Urmil Saini, (PW-2), Shakuntla, (PW-3), Raghbir Singh, (PW-4), Dr. Akhlak Ahmad, (PW-5), Dr. B.B. Aggarwal, (PW-6), Satbir Singh, Inspector, (PW-7), Khan Chand, (PW-8), Yag Dutt Sharma, (PW-9), Bhim Singh, (PW-10), Piare Lal, (PW- 11), Lala Ram, (PW-12), Nahar Singh, (PW-13), Amar Nath, (PW-14), Siri Ram Chakkar, (PW-15), Vipin Kumar, (PW-16), Pritam Chand, (PW-17), Dr. G.S. Arora, (PW-18) and Dr. K.B. Kamal, (PW-19). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.