LAWS(DLH)-1980-9-52

STATE Vs. SMT. CHAMELI DEVI AND ORS.

Decided On September 19, 1980
STATE Appellant
V/S
Smt. Chameli Devi And Ors. Respondents

JUDGEMENT

(1.) Four persons were arraigned on an indictment of murder. They were Kamal Nain, Chameli Devi, Hari Kishan and Kishan Lal. They were charged with the murder of one Kundan. Kundan was a young man of about 30 years of age. He was a tea vendor at Nabi Karim, Pahar Ganj, New Delhi. He had set up a tea stall in partnership with one Sham Lal. Just behind the tea still he was living with his family consisting of his mother Manno, his wife Tara, and his widowed sister Bela.

(2.) On 1st January 1978, he was present at the tea stall. A customer Kishan Mohan came to him. He ordered tea. Kundan's servant fired an angithi to prepare tea for him. At about 5.30 p.m. Chameli Devi and Kamal Nain came to the shop. Chameli Devi asked Kundan to follow her. Sham Lal at that moment asked Kundan why and where he was going. To this he replied that he will be back in five minutes time. Kundan and Chameli then left the shop. The two other accused, namely, Hari Kishan and Kishan Lal were having fried fish at the shop of one Subhash near about Sham Lal's tea stall. All four then started for Nand Nagri, a place in Shahdara, where Chameli Devi lived. On way it appears they had tea at the shop of one Prem Lal.