STATE DELHI ADMINISTRATION Vs. KULWANT SINGH

JUDGEMENT

(1.) The respondent was charged under Sections302/307/324, Indian Penal Code At trial, the learned Additional Sessions Judge by hisorder dated 8/05/1985, acquitted him of the charges under Sections 302/307, Indian Penal Code Respondent was, however, convicted under Section 324, I.P.C.He was released on probation. Aggrieved against the aforesaid order, theState has filed this acquittal appeal.

(2.) The brief facts of the case are that one Dharmender, PW-16, whowas a class fellow of the respondent had appeared alongwith the respondentin the 9th class examinations in which Dharmender passed, while the respondent got a compartment. It is alleged that in April, 1984, Dharmender hadborrowed Rs. 8.50 NP. from the respondent which Dharmender had failedto return despite demand.

(3.) On 21.6.83, at about 8.00 p.m. Dharmender had come out of hishouse to call one Arun, who had visited his house earlier in his absence andwhen he reached near the dispensary of Pocket No. 1, Paschim Puri, he cameacross the respondent who demanded Rs. 8.50 NP. On his failure to respondto the demand the respondent is alleged to have inflicted a knife injury on hisleft thigh by back side.