VED PARKASH Vs. STATE

JUDGEMENT

(1.) (Rule D.B.).-Gianender Kumar, complainant, and his brother Surender Babu, deceased, alongwith one Ram Sewak were residing on the first floor of house No.A-756, Shastri Nagar since 1977 as tenant of one Shri Chandgi Ham. Ved Parkash, appellant is the nephew of Shri Chandgi Ram and was residing in the same building The landlord and his nephew wanted their tenant to vacate the room and had extended threats from time to time. On 25th October, 1985 i.e. prior to the date of incident, Ved Parkash had again threatened and tried to forcibly evict the tenants agaist which action, a report was duly lodged.

(2.) . Narrating the incident, Gianender Kumar in his Statement, Ex. Public Witness -1/A made before the Potice and while appearing as one of the prosecution witnesses staled that -on the night between 24-25th December, 1985, at about 11 P.M., he alongwith his brother Surender Babu was present in their room. Surender Babu was dressing up to go to his Home-guard duty. Ved Parkash, Harihar and Kishanwala came to their room and told them to vacate or face the consequences Harihar accused gave a slap to his brother who in retaliation also slapped. Gianender, however, succeeded in pushing all of them out of the room and bolted the door from inside. However, after sometime, all the three accused named above came back, broke open the door and attacked Surender Babu with saria (iron rod). He tried to intervene whereupon Ved Parkash exhorted "jala do sale ko". A plastic can containing kerosene oil was lying in the room. Kishanwala lifted, the plastic can and poured kerosene oil on his brother Surender Babu and Harihar accused lit the match-stick to it. He raised an alarm and shouted "bachao-bachao". He tried to extinuish the fire as a result of which, he received burn injuries on his right hapd fingers. On hearing the alarm, many of the neighbourers including Jawabar Lal, came and poured water on his brother. In the meantime, Ved Parkash and his other two companions made good their escape from the room. Due to this fire, his brother Surender Babu and he himself sustained burn injurles and few of the household articles were also burnt. After a short while, the Police reached there and he and his brother were removed to J.P.N. Hospital. The Investigating Officer recorded his statement. Ex. Public Witness -1/A which he signed in token of its correctness.

(3.) . In his plesence, the Police inspected the spot and took into possession uartlv burnt cot, half-bumf quilt, one plastic can containing one litre kerosene oil and one door plank which was broken in the process of the forcible entry by the accused. 'The investigating officer prepared the rough sketch plan of the place of incident which was also got photographed. Surender Babu succumbed to the burn injuries in the hospital at about 5.30 A.M. on 25th December, 1985. Two of the abused persons namely, Ved Parkash and Harihar Prasad were arrested from the park adjacent to the D.D.A. office building situated in Gulabi Bagh area. Kishanwala could not be arrested and was declared proclaimed offender.