KRISHAN KUMAR Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The Revisionist, Krishan Kumar, has come up against an order passed by the Additional Sessions Judge, Delhi dated 2nd July, 1992 whereby the Additional Sessions Judge had framed & charge under Section 307-I.P.C. against the petitioner.

(2.) The brief facts of the case are that on 20th September, 1991, at about 10 P.M. some people collected at the police post, Inderlok. SJ.Mahipal Singh, Incharge of the Police Post came out and asked the reasons of their presence before the Police Post. He was informed by the petitioner that there was a dispute with his landlord Nanak Chand and Vinod Kumar. The said S.I. deputed two constables with him. On further inquiry, S.I. Mahipal Singh came to know that Ved and Anil gave a knife blow to one Mohd. Qamil hence the people had collected outside the Police Station. It is further the case of the prosecution that Krishan Kumar the present petitioner and his three associates gave a knife blow to one Vinod Kumar his landlord and his accomplice gave knife blow to Mukesh Kumar while they were coming from his house No. 313/57-G to the Police Post.

(3.) The knife blow was given in the presence of Constable Suresh Pal. The injured were removed to the Hindu Rao Hospital and their statements were recorded on the basis of which a case under Section 307/323/34. Indian Penal Code was registered against the petitioner and his co-accused. The learned Additional Sessions Judge framed the charge under Section 307.I.P.C. only.