SUNDER AND ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution story is as under:-

(2.) The prosecution in support of its case examined amongst others Dr. S.S. Malik - PW-1, who had examined Bajmder Kumar-PW8 on 12th August,1992 at 7.30 p.m. and had found one simple injury on his person, PW-5 Dr. Dharam Vir Singh, who had medico legally examined Devender deceased at the hospital at Rohtak at 3.20 a.m. on 8th Aug., 1992 and had noted in the medico legal report that there was a history of the clothes having caught fire while preparing food at home at about 10 p.m. on 7th August,1992. PW-6 Dr. Indu Lalit, who had conducted the postmortem examination on the dead body of the deceased, PW-3 Suraj Mai ASI, who had made an application Ex.PD seeking the opinion of the doctor as to the fitness of Devender to make a statement, on which the doctor had opined that the injured was not fit, the two material witnesses - PW7 Om Pati and PW-8 Bajinder Kumar and PW-9 Inspector Ram Phal the Investigating Officer, who deposed to the various steps taken in the investigation and admitted that a challan had been filed under Sections 306/342/323 of the Indian Penal Code as in his opinion, only such a case was made out.

(3.) The incriminating circumstances appearing against the accused were then put to them in their statements recorded under Sec. 313 of the Code Criminal Procedure and they pleaded false implication. Accused Aman and Sunder further stated that their first cousin Kamlcsh daughter of Ram Piari accused had come to visit her mother along with her husband and Devender deceased had tried to outrage her modesty, on which the residents of the mohalla had rebuked Om Pati and Bajinder Kumar and had also threatened to bring the matter before the panchayat and to lodge a report with the police and it was this situation that had promoted Om Pati and Bajinder Kumar to take advantage of the bums that had been suffered by Devender to initiate a false prosecution. They further stated that Devender deceased having been beaten by the accused and having been rebuked by the residents of the mohalla and fearing further action had committed suicide.