TEJRAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This criminal appeal u/s 372 Cr.P.C has been filed by the victim Shri Tej Ram, feeling aggrieved by the judgment dated 29.11.2011 in case FIR No.548/2004 u/s 308/34 IPC, P.S. Mehrauli, vide which respondents 2 to 6 were acquitted.

(2.) Succinctly stated, prosecution case is as follows:-

(3.) In order to substantiate its case, prosecution examined as many as 15 witnesses. All the incriminating evidence was put to the accused persons while recording their statement u/s 313 Cr.P.C wherein they denied the case of prosecution and pleaded innocence. Accused Sushil submitted that 15 to 20 days prior to the occurrence, a quarrel had taken place between his brother and Jagat who was cousin brother of Tej Ram. Jagat had complained to police and police registered the case u/s 107/151 Cr.P.C. It was further alleged that no quarrel took place with Tej Ram and the accused were falsely implicated in this case. Accused Manoj took the same plea as that of Sushil. All the remaining accused pleaded their innocence. Accused Sanjay examined Manoj Kumar (DW1) and Sandeep Kumar, Junior Judicial Assistant, Record Keeper, Delhi High Court, (DW3). Besides that, he examined himself as DW2 for taking the plea that he was not present at the place of incident. After examining the evidence led by the prosecution and the defence evidence, vide impugned judgment, the learned Trial Court acquitted all the accused by granting them benefit of doubt.