STATE DELHI ADMN Vs. SHARAD DOGRA

JUDGEMENT

(1.) The State has preferred this appeal against the impugned judgment dated 14th August, 1996 in Sessions Case No. 24/92, FIR No. 225/91, P.S. Hauz Khas acquitting the respondents Sharad Dogra, Gagan Mahant, Sandeep Kalsan and Pankaj Bhatia of charges under Sections 392 IPC and 302 IPC both read with Section 34 IPC.

(2.) Briefly stated, case of the prosecution is that Sh. Prem Gopal Nair (hereinafter referred to as 'deceased') along with his sisters Prabha Nair (PW1) and Pushpa Nair (PW8) was living in DDA Flat No. L-7, Bhim Nagari, Safdarjung Development Area, New Delhi. On 10th June, 1991, Pushpa Nair (PW8) was out of station as she had gone for trekking with her friends. On that day, at about 03:30 p.m., PW1 Prabha Nair also went to her friend's house. She returned back at 09:50 p.m. When she was climbing the stairs for going to her flat, which was located at IIIrd Floor, she noticed the four accused persons (who were not known to her earlier) on the landing of IInd Floor, coming downstairs.

(3.) Prabha Nair (PW1) found the door of her flat locked. She thought that her brother Prem Gopal Nair (deceased) might have gone to purchase cigarettes and waited for him outside the flat. When the deceased did not turn up till 12:00 in the mid-night, Prabha Nair went downstairs and fetched a watchman from the neighbouring colony and the lock of her flat was broken with his help.