STATE GOVT OF DELHI Vs. LAL SINGH

JUDGEMENT

(1.) Leave to appeal is sought from the judgment and order of the learned Additional Sessions Judge dated 21.11.1998 in Sessions Case No. 13/93 whereby respondent-accused, Lal Singh, has been acquitted. The learned Judge, after going through testimonies of the witnesses and the documentary evidence, has returned a finding of acquittal, dis-believing the presence of the main witnesses PW-1,Vijay, PW-5, Mukesh and PW-9, Sonu.

(2.) The learned Judge in his judgment has noted that on 21.8.1990 at about 3.10 p.m. one Shri Bhagwan Sahai came to Police Station Dakshinpuri and gave an information that somebody had stabbed a boy at the corner of Block No.1 Dakshinpuri. This information was recorded in D.D.No.7 and matter assigned to ASI Ram Chander to make inquiry. Subsequently, SI K.S.Yadav along with Constable Om Prakash also joined the inquiry. On reaching the place of incident, the police party was told that the injured had been removed to hospital. No eye witness of the incident met the police at the site of the incident or at the Safdarjung hospital where the injured had been taken and declared as brought dead. Consequently, a case was registered.

(3.) Later, on the same day, Vijay, Mukesh and Sonu are stated to have met SI K.S.Yadav at the site of incident where he was preparing the site plan. The three claimed to be witnesses of the incident. At that point of time they did not name any person as culprits but stated that they would be in a position to identify the assailants. The accused herein was arrested on suspicion, shown to the witnesses in the Police Station and thereafter a Test Identification Parade arranged, which on 4.9.1990 the accused refused to join, on the ground that he had already been shown to the witnesses. While Lal Singh was charged under Section 302 IPC, his co-accused being minors were tried by the Juvenile Court.