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2016 Supreme(P&H) 2636

DAYA CHAUDHARY
Basti Ram – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Appellant:Mr. J.P. Sharma, Advocate.
For the Respondent-State: Ms. Trishanjali Sharma, A.A.G., Haryana.
For the Respondents No.2 to 4:Mr. Ajit Sihag, Advocate for Mr. Saurabh Dalal, Advocate.

JUDGMENT

Mrs. Daya Chaudhary, J.:- This appeal has been filed to challenge the impugned judgment dated 05.05.2014 passed by Additional Sessions Judge, Jhajjar, whereby, the accused-respondents have been acquitted of the offence under Section 306/34 of the Indian Penal Code by giving them the benefit of doubt.

2. Briefly, the facts of the case are that FIR No.469 dated 27.10.2012 was registered under Section 306/34 IPC at Police Station Sadar, Bahadurgarh on the basis of complaint made by the present appellant against accused-respondents, namely, Ram Chander, Imrati and Manoj, stating therein, that a VT message was received in the police station on 26.10.2012 to the effect that Neelam (since deceased) had been hospitalized in General Hospital, Jhajjar and thereafter, she was referred to PGIMS, Rohtak. On getting said information, Vijay Pal, ASI along with Azad Singh, Head Constable reached at the General Hospital and thereafter, he went to PGIMS Rohtak. An opinion was sought regarding the fitness of Neelam to make statement but the attending doctor declared her unfit to make statement and ultimately, she died in PGIMS, Rohtak during medical treatment. After that, Basti Ram met Head C

































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