MEHTAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of aforementioned appeals and revision petitions as common questions of facts and law are involved therein. The convicted persons are Mehtab Singh, Balwan and Bijender @ Biju, who have filed the appeals. The revision petitions have been filed by the complainant seeking conviction under section 302 Indian Penal Code (45 of 1860) (for short "IPC"?).

(2.) The deceased is Chhattar Singh son of Chandgi Ram. According to the case of the prosecution at about 9.00 p.m. on 24.5.2001, he was lying on a cot outside his house when the convicted persons came in a drunken condition and attacked him. The reason for the attack was the fact that on the same day at about 4.00 p.m. the deceased had taunted Mehtab Singh for not being available to help him in his time of need whereas, he was always available when he himself needed some help from the deceased. All the convicted persons attacked Chhattar Singh with their fists and inflicted injuries on the face and left eye. Chhattar Singh raised a hue and cry. His wife and daughter who were resting inside the house came out. Meanwhile, on account of fist blow given on the left eye, Chhattar Singh became unconscious.

(3.) Chhattar Singh was taken to Community Health Centre, Loharu at about 2.10 a.m. on 25.5.2001 as is evident from the statement of PW-3 Dr. Jitender Kumar. He sent a ruqa Ex. PD at about 3.00 a.m. on the same day which was received by the police at 3.35 a.m. as is evident from the endorsement on Ex.PD. The patient was referred to General Hospital, Bhiwani on the same day where his statement Ex. PY was recorded. In this statement, he has named the convicted persons and has given the details of the incident as per the case of the prosecution. At this stage, it may be noted that according to the statement of PW-3 Dr. Jitender Kumar, who examined the deceased at the first instance when he was brought to Community Health Centre, Loharu, the deceased had suffered 11 injuries out of which injury No.5 was a bruise mark of size 4 x 5 cms. present over the abdomen just below the umbilicus. USG abdomen was advised and surgical opinion was sought. The patient remained in General Hospital, Bhiwani till 3.6.2001 when he was referred to Medical College and Hospital, Rohtak, but instead of getting admitted at Rohtak, the patient went to Base Hospital, New Delhi as he was an Ex-serviceman. He died on 9.7.2001 on account of septicemia following blunt trauma to abdomen.