STATE DELHI ADMINISTRATION Vs. BALBIR CHAND

JUDGEMENT

(1.) On December 5. 1979 Sh. Joginder Nath, Additional Sessions Judge, acquitted Balbir Chand Alias Billa, Mohan Lal, Ramesh Kumar, Bansi Lal, Ashok Kumar and Nafis charged under Sections 302, 147, 14 and 323 of the Indian Penal Code. The State, feeling aggrieved, has filed this appeal.

(2.) . The case of the prosecution falls into a short compass. Its essentials may be recapitulated. The occurrence is of December 15, 1978. Time about 12:15 P.M. Jagdish was the name of the deceased. The First Information Report was lodged by his nephew Surinder Kapur, who, at that time, was a student of Gurukul Higher Secondary School situated at Ram Bagh, Kishan Ganj, Delhi. He entered into the witness box as. witness No. 2 of the prosecution. Besides him, the otehrs alleged eye witnesses to the occurrence are Ram Parvesh and Harminder Singh (Public Witness s 3 and 4 respectively). The summum-bonum of the evidence is that on the day of occurrence while Surinder Kapur was coming out of his school, the deceased and Ram Parvesh met him They were on their way to recover the money Sent to Ashok Kumar accused by the deceased, Surinder Kapur also accompanied them. When they reached near Lalit Hosiery which was at adistance of about fifty or sixty yards from the school, they noticed Ashok Kumar, Bansi Lal and Mohan Lal standing on the raad. The deceased made the demand to which Ashok Kumar retorted : "Sale Kaise Paise ?" However, Mohan Lal reacted more sharply. He wondered now the deceased had dared to come to their place of work, ask for money and thereby heap an insult on them Soon thereafter, Ashok Kumar and Bansi Lal called Nafis, Balbir Chand alias Billa and Ramesh Kumar. They were exhorted by Ashok Kumar to kill Jagdish as he had insulted them, whereupon Ashok Kumar and Bansi Lal felled Jagdish on the ground, and held him from his legs while Balbir Chand @ Billa. after having stationed himself on his chest, gave blows on his face with a stone (Ex. PI) weighing about 3 5 kilograms. Mohan Lal accused also did not lag behind. He brought an iron angithi (Ex. P-3) and inflicted injuries on his face with it. Soon thereafter, the accused took to their heals. Ram Parvesh and Harminder Singh chased them but without success. Jagdish was taken to the hospital by Ram Parvesh where he was declared dead.

(3.) . Though what has been noticed above, completed the prosecution version of the occurrence, one fact has, however, been left out so far and, purposely. It is that while running away Balbir Chand @ Billa accused had fallen down as result of which he had sustained some bleeding injury on his mouth. This part of the prosecution version having played a pivotal role in the conclusions arrived at by the learned Sessions Judge, we thought of giving it a place of prominence. In fact, as we shall reveal in the succeeding paragraphs, the injuries on the person of Balbir Chand @ Billa accused, have weighed quite heavily with us as well.