ASHOK KUMAR Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The present revision petition has been filed againstthe order dated 18/09/1992 passed by the learned AdditionalSessions Judge, Delhi in Sessions Case No. 24/1991. By the aforesaid orderthe learned Additional Sessions Judge held that, prima fade, a case againstall the accused including the petitioners is made oat for charging them underSections 302/102-B of the Indian Penal Code. The aforesaid order has beenchallenged by two of the accused, namely, Ashok Kumar and Kuldip Kumar.

(2.) Briefly stated the facts of the case are that deceased Raj Kumarand one Ravi were in the employment of petitioner Ashok Kumar, who wasrunning a chit fund company. The petitioner Ashok Kumar lodged a reportwith the police against the aforesaid two persons on 8/03/1990 inrespect of the alleged mis-appropriation of Rs. 60,000.00. After the aforesaidamount was returned to the petitioner Ashok Kumar, he gave a statement tothe police on 22/03/1990 that he did not want to press the case andaccordingly the case was filed.

(3.) If is alleged that petitioner Kuldip Kumar visited the house of thedeceased on 15/06/1990 and introduced the co-accused Anoop Singh @Bittoo and told the deceased that said Bittoo wanted to get his vehicle financed and he should help him for the said purpose. It is further alleged thatco-accused Bittoo had been visiting the house of the deceased thereafter, andon 28/06/1990 when the deceased was getting out of barbar's shop hewas stabbed by three persons including Bittoo.