GURDITTA MAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) CRL.M.A.188/2010(condonation of delay in refilling of the petition in CRL. M.C.53/2010 This is an application for condonation of delay in re-filing the petitioner. Application allowed. Delay condoned. Cri.M.C.53/2010 & CRL. M.A.4739/2010 CRL. Rev. P. 232/2010 (connected matters) This is a petition under section 482 Cr. P.C.seeking compounding or quashing of the FIR No. 76/07 Police Station Adarsh Nagar and proceedings arising our of the same.

(2.) BRIEFLY put, facts relevant for the disposal of this petition are that the petitioners at the relevant time was tenants of the deceased Nand Lal and there was some tenancy dispute going on between them. As per the case of the prosecution of 12.02.2007, respondent subhash Chander was sitting in a shop. The petitioners Janki Dass, Ram Dass and their father Gurditta Mal were getting some repair work done in their adjoining shop. At about 2.45 pm, the deceased Nand Lal asked the petitioners to get the repair work done properly as it was affecting the common wall between the shop of the deceased and the petitioner. On this, and alteration took place and the petitioners allegedly caught hold of the deceased, kicked him and gave him fist blows. It is claimed that on this, the complainant shouted that the petitioners should not hit the deceased as he was a heart patient and he might die. Because of the beating, the deceased fell down and became unconscious. He was immediately rushed to BJRM Hospital where he was declared brought dead. Cause of death was opined as heart failure as result of coronary artery disease.

(3.) PETITIONERS as well as respondent No. 2 are present in person. PETITIONERS are identified by their counsel Mr. Maninder Singh, Respondent No. 2 is identified by his counsel Me. K.D.Kaushal as well as by the Investigating Officer S.I.Arvind Pratap Singh, P.S.Adarsh Nagar.