Gulzari Lal vs State Of Haryana

Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:-

According to the prosecution, on the intervening night of 26/27.05.1999, Maha Singh was brought to Civil Hospital, Hisar in an injured condition. At 2.15 am, the doctor on casualty duty gave his opinion stating that the injured victim was in a fit condition to make his statement. Head Constable Manphool Singh (PW-7) reached the hospital at 10:00 am and recorded the statement of Maha Singh. Thereafter, the statement of Maha Singh was sent to Police Station at 10.40 am on 27.05.1999 for recording with an endorsement that no cognizable offence has been made out.

Subsequently, the condition of Maha Singh started deteriorating and on the night of 27.05.1999 he was referred to PGI Hospital Rohtak. On 28.05.1999, he was transferred to the Government Hospital, Hisar where he was declared by the Hospital as brought dead. On the very same day, intimation was sent to the Police Station and a case was registered under Sections 302 and 323 read with Section 34 of IPC on the basis of the statement of Maha Singh recorded by the Head Constable Manphool Singh (PW-7).

The inquest proceeding was conducted and post mortem of the body was done in the Government Hospital. The scaled site plan as well as rough site plan was prepared and the three accused were arrested. On 04.06.1999, ASI Ram Kumar (PW-12) arrested Gulzari Lal (the appellant herein), Kuldeep Singh and Om Prakash (who were co-accused before the Sessions Court). On completion of the investigation by the investigation officer, challan was presented against the appellant and the co-accused before the learned Magistrate.

The prosecution has examined the 14 witnesses at the time of trial and their testimony was recorded before the learned Additional Sessions Judge. The accused persons were examined under Section 313 Cr.P.C. in order to afford them a reasonable opportunity to defend themselves against the evidence on record.

On 11.03.2002, the Additional District & Sessions Judge passed the judgment and order by recording the finding that charges against the appellant proved and convicted him along with co-accused Om Prakash and sentenced them for life imprisonment under Sections 302 read with 34 IPC and imposed a fine on each accused of Rs.200/- and further held that accused shall also pay a fine of Rs.200/- under Sections 323 read with 34 IPC. In default of payment of fine of Rs. 400/- the defaulting accused would further undergo rigorous imprisonment for one month. The substantive sentences were ordered to run concurrently. It was further ordered that the period for which the accused have remained in jail as under trial, shall be adjusted against term of imprisonment. The co-accused Kuldeep Singh was acquitted of the charges framed against him.

For the reasons stated supra, this Court does not find any reason to interfere with the impugned judgment and order passed by the High Court of Punjab & Haryana. The appeal being devoid of merit is hereby dismissed.

……………………………………………CJI.

[T.S. THAKUR] …………………………………………………J. [V. GOPALA GOWDA] New Delhi, February 2, 2016 ITEM NO.1A-For Judgment COURT NO.10 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Crl.A. No. 92/2016 @ Special Leave Petition (Crl.) No(s). 7406/2015 GULZARI LAL Petitioner(s) VERSUS STATE OF HARYANA Respondent(s) Date : 02/02/2016 This appeal was called on for pronouncement of JUDGMENT today.

For Petitioner(s) Ms. Shalu Sharma,Adv.

Mr. Rajesh Sharma, Adv.

For Respondent(s) Mr. Sanjay Kumar Visen,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising Hon'ble the Chief Justice and His Lordship.

Delay condoned.

Leave granted.

The appeal is dismissed in terms of the signed Non- Reportable Judgment.

(Signed Non-Reportable Judgment is placed on the file)