LAWS(DLH)-1983-11-17

STATE DELHI ADMINISTRATION Vs. RAMESH

Decided On November 10, 1983
STATE Appellant
V/S
RAMESH Respondents

JUDGEMENT

(1.) This is an appeal by the Delhi Administration against the judgment of Shri Mahesh Chandra, Additional Sessions Judge, acquitting the respondent Ramesh alias Alley son of Ram Lal, Satish Kumar, Ram Bharose alias Bhogal and Ramesh Chand alias Babban son of Makhan Singh, residents of Kucha Gokul Shah of the offence under section 302 read with section 34 of the Indian Penal Code.

(2.) The deceased Ramesh son of Jai Ram along with his brothers Khem Chand (P.W. 2), Peru alias Meeru Mal and Suresh alias Kude resided at 3047 Kucha Raja Sohan Lal, Bazar Sita Ram. The prosecution witnesses Lala Ram (P.W. 1) and Kailash (P.W. 4) also resided in the said premises. Kailash (P.W. 4) also resided with the deceased Ramesh. The deceased family and the prosecution witnesses Public Witness s 1and 4 are all of Dhanak caste. Peru and Kude had a betal shop at the corner of the Gali.

(3.) The accused party resided in Katra Gokul Shah, opposite to Chorasi Ghanta Mandir. Kucha Raja Sohan Lal and Kucha Gokul Shah are close to Bazar Sita Ram According to Public Witness . I the distance between the two kuchas is only 50 to 60 paces.