INDER BAHADUR Vs. STATE

JUDGEMENT

(1.) THE above referred appeals are directed against the impugned judgment dated 10.04.1997 convicting the appellants for the charges under Section 302 IPC and Section 323 IPC, both read with Section 34 IPC as also the consequent order on sentence dated 19.04.1997.

(2.) BRIEFLY stated, case of the prosecution is that on 13.02.92, Police Control Room informed Police Post Prashant Vihar that a quarrel was going on in the Maidan near Central Delhi Housing Society, Sector 14, Rohini. The information was recorded as DD No. 27 at 09:20 pm and the enquiry was entrusted to HC Ved Prakash (PW17), who alongwith Constable Ram Karan left for the spot.

(3.) PW 17 HC Ved Prakash and Constable Ram Karan, on reaching the spot, found that the injured persons had already been removed to the hospital. HC Ved Prakash left behind Constable Ram Karan to guard the spot and went to Hindu Rao Hospital. There he collected the MLCs of the deceased, appellant Inder Bahadur as well as PW4 Ram Nath. Ram Nath was declared fit for statement, while the appellant was declared unfit for statement.