- (1.) This appeal and revision petition emanate from the judgment and order of sentence passed by the learned Additional Sessions Judge, Fast Tract Court, Ambala, dated 22.04.2003 and 23.04.2003 respectively.
(2.) A complaint was made on 03.06.2000 by Naveen Chander (PW10) at about 11:20 PM, to ASI Ravinder Kumar (PW13), when the latter, alongwith the other police officials, is stated to have been present at D.C.Road near Police Station Ambala Cantt. on patrolling duty. The translated version of the complaint, Ex.PG, i.e. the statement of the said Naveen Chander, reads as follows:- "State that I am a resident of above given address and I am in a private business. Panna Lal son of Mulakh Raj, resident of H.No.4259-60, Hindu Maha Sabha Bhawan, Ambala Cantt. was my real paternal uncle, aged about 70 years. He was the Secretary of the Hindu Maha Sabha and was residing in the Bhawan itself. That tomorrow, on 04.06.2000, a meeting of the all India level was scheduled in the Hindu Maha Sabha Bhawan. That I and Vivek Singla son of Sham Lal, resident of H.No.4309/22, Panjabi Mohalla, Ambala Cantt. and Ram Parshad son of Laquir Chand Paswan, a worker in the Hindu Maha Sabha, Ambala Cantt. had fixed the 'shamianas' (tents) etc. in the Bhawan and were discussing the next days' programme with Panna Lal. It was about 10 o'clock at night that Sanjay Kumar Mittal son of Muni Lal, resident of H. No.4349-50, Anaj Mandi, Ambala Cantt. came came to park his Fiat car in the Bhawan. Pannal Lal told Sanjay Kumar that since there was a function the next day, he could not park the car there. He became angry and stated that he would park the car there only. Panna Lal and all of us told him to park his car outside, whereupon Sanjay Kumar flew into a rage and caught hold of Panna Lals' hand and slapped him twice or thrice on his face and pushed him hard. Due to the push, Panna Lal then fell on the ground and died instantly. We tried to catch hold of Sanjay Kumar but he fled away with his car. Legal action be taken against Sanjay Kumar. I have heard my statement, it is correct." Upon the aforesaid complaint having been made, as per the police proceedings recorded thereupon, the complainant appended his signatures in English under the statement, attested by the aforesaid ASI and upon an offence punishable under Section 304 IPC being shown to be made out, Constable Anil Kumar was deputed to have the FIR registered in the police station, which was then registered as FIR No.312/2000 on the night of 03.06.2000 itself. Special reports are stated to have been also despatched thereafter, to the authorities concerned. The FIR itself is shown to be registered at 11:25 PM; and the special report was received at 4:30 AM on 04.06.2000 by the learned JMIC, Ambala Cantt. ASI Ravinder Kumar is then stated to have proceeded to the spot to prepare the "inquest report" (Ex.PJ before the trial Court), a perusal of which shows that the deceased, Panna Lal, was shown to be a "thin, weak person", 5.5' in height. The cause of death, as recorded in column No.20 of the death report, is due to pushing the deceased onto the ground. The age of the deceased, as was written in the complaint, is also shown to be 70 years in the death report. The report, recorded by ASI Ravinder Kumar, states that he was accompanied by HC Malkiat Singh, Constable Anil Kumar and Constable Karamvir. On the death/"inquest" report, a site plan is also drawn, in which the spot of occurrence, within the courtyard of the Hindu Mahasabha Bhawan, is marked as "A", the place where the body was actually lying, was shown to be in a room, marked as "B" and "C" is shown to be the place where the deceased is stated to have fallen after being allegedly pushed by the appellant, Sanjay Mittal.
(3.) The body having been sent for post mortem examination, as per the report thereon, Ex.PE, deceased Panna Lal is again shown to be 70 years of age, of average built, poorly nourished. The post mortem examination is shown to have been conducted at 11:30 am on 04.06.2000. On opening the skull, 200 ml of altered blood was shown to be present in the cranial cavity in the epidermal space. Other fluid etc. were also shown to be present in the occipital region, alongwith the clotted blood. Injuries were shown to be ante-mortem in nature and the cause of death, in the opinion of the doctor, was given to be internal brain injury which was sufficient to cause death in a normal person, in due course of nature. However, the final and revised opinion was kept reserved, till the report of the pathologist, from the PGIMS, Rohtak, was received. The post-mortem report also shows that the whole heart of the deceased was sent for histo-pathological examination to the PGIMS, Rohtak.;