STATEOF DELHI ADMINISTRATION Vs. JAI SHIV KUMAR

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the respondent Jai Shiv Kumar on the charge under section 332 of the Indian Penal Code.

(2.) G. A. Shastn (P.W. 2) with his wife and the children including the deceased Janki aged 17 resided in house No. 9-A/80, Western Extension Area, Karol Bagh. P.W. 2 has three sons, namely, Prashad, Sriniwas and Kavi (P.W. 14). Shastri has another daughter named Mrs. Sita Muni (P.W. 1) who is married and resided with her husband at Lodhi Road. On lOth June, 1975 the wife of P.W. 2 and Prashad and Sriniwas were to go to their native place Vijaywada, Andhra Pradesh. Sita had come to the house of her parents a day earlier to see them off.

(3.) The accused and Prashad studied in the Delhi Tamil Educational Association School. The accused was studying in the 11th class at the relevant time. K. Balasubramanium (P.W. 20) was a class-fellow of the accused. Venkat Rao (P.W. 9) was in the same school in the 9th class. The accused and K. Balasubramanium were class-fellow and friends. The accused in his statement at the trial stated that he, K. Balasubramanium and Vankat Rao were friends and that they used to play cricket together. The accused admitted that G. N. Prashad was studying in Delhi Tamil Educational Association School but stated that he did not know Prashad.