SANJAY LAO Vs. RAM KUMAR

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 19.10.1996 passed by the learned Additional Sessions Judge in case FIR No.139/94 P.S. Malviya Nagar whereby three accused (respondents herein) were acquitted of the charge for the offences punishable under Section 302/201/34 Indian Penal Code.

(2.) IN brief, the prosecution case was that accused Ram Kumar was a friend of Jatinder (the deceased) as both of them were studying together in ITI Pusa. Fifteen/twenty days prior to the incident, accused Ram Kumar went to the house of Jatinder and made a grievance to his mother Smt. Vidya Devi(PW2) and father Risal Singh(PW3) that Jatinder was having illicit relations with his wife. The accused (Ram Kumar) threatened that if Jatinder did not desist from continuing with the relations, he would kill him.

(3.) PW11 Balbir Singh reached the spot at about 9:00 pm and identified the dead body. He also noticed various articles held by the accused persons. The blood-stained dagger and various other articles were seized from the accused. Blood-stained earth, earth control, the blood-stained clothes of all the three accused, which they were wearing at that time were seized. The photographs of the scene of occurrence were taken. After completion of investigation, a report under Section 173 of the Code of Criminal Procedure was filed against the accused. Rukka (Ex.PW18/A) was sent to the Police Station at 10:10 pm.