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Showing contexts for: section 323 325 506 in Ashwani Kumar vs State Of Haryana & Ors on 4 May, 2016Matching Fragments
2. On the basis of above statement made by Manphool Dutt, formal FIR was registered under Sections 323, 325, 452, 506 read with Section 34 IPC. Investigation was commenced. However, during investigation, complainant-Manphool Dutt passed away on 14.08.2006. Still the investigating agency did not add Section 302 IPC, rather filed the final report under Section 173(2) Cr.P.C. under the aforesaid offences only. As a result thereof, applicant-Ashwani Kumar grandson of complainant-Manphool Dutt was forced to file a private complaint for commission of offence under Sections 302, 323, 324, 452, 506 read with Section 34 IPC before the learned Magistrate. After recording preliminary evidence, the private respondents were summoned. Since the FIR recorded by the police and the private complaint related to the same occurrence, therefore, both were committed to the Court of Session as the offence under Section 302 IPC was exclusively triable there.
3. Both the cases were clubbed together vide order dated 19.08.2013, passed by the learned trial Court. Private respondents were charge-sheeted under Sections 302, 506 read with Section 34 IPC.
4. On appraisal of evidence brought on record by the 2 of 6 CRM-14118-2016 in/and prosecution and hearing learned counsel for both the sides, the learned trial Court did not find itself fully convinced with the prosecution story and thus, acquitted the private respondents under Section 302 IPC, while convicting them under Sections 323, 325, 506 read with Section 34 IPC vide impugned judgment dated 30.09.2015. The learned trial Court sentenced the the private respondents as under:-
(i) The private respondents have been convicted under Sections 323, 325, 506 read with Section 34 IPC. So far as commission of crime under Section 302 IPC by them in concerned, the prosecution did not lead any cogent and convincing evidence. After admission of Manphool Dutt in Government Medical and Hospital, Chandigarh, he was treated for the fractures suffered by him. PW-5 Dr. Sunita Kumari had conducted the medico-legal examination of deceased-Manphool Dutt vide MLR Ex. P-20 and skigram Ex. P-21. Thereafter, she sent ruqa Ex. P-8 to the police. The deceased was also referred for X-ray examination.