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MUKUL MUDGAL, P.K.BHASIN
K. P. Singh – Appellant
Versus
State – Respondent


Counsel for the Parties:
For the Appellant:Mr. Manmohan, Sr. Advocate with Mr. Rajeshwar Singh, Advocates.
For the State: Mr. Sunil Sharma, APP.
For the Complainant:Mr. J.P. Dhanda, Advocate.

JUDGMENT

Mukul Mudgal, J.—The trial court had delivered the impugned judgment dated 13th December, 2006 by which the accused SHO, R.P. Tyagi along with Sub-Inspector Tej Singh and Inspector K.P. Singh were convicted. The appellant in the present appeal Inspector K.P. Singh was convicted under Section 217 IPC by judgment and order dated 13th December, 2006 and sentenced to one year rigorous imprisonment as well as fine of Rs.25,000, by the Additional Sessions Judge, Karkardooma, Delhi (hereinafter referred to as the “trial court”) on the ground that there was a 5-1/2 months delay in registering the FIR.

2. As per the facts of the case in the intervening night of 24th and 25th August 1987, two persons Mahender and Ram Kumar were admitted in SDN hospital having sustained injuries ostensibly due to beatings. Mahender was shifted to LNJPN hospital where he died at about 2.00 pm on 25th August 1987. As it appeared an unnatural death, area SDM S.S. Rathore conducted inquest proceedings and found involvement of the police in the crime and recommended registration of FIR on 26th August 1987 against the police of PS Vivek Vihar for offence under Section 304 IPC. Shri S.S. Rathore, SDM was th

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