LAXMAN SINGH Vs. JAI PARKASH

JUDGEMENT

(1.) This criminal revision has been moved by Laxman Singh against the acquittal of five respondents by the court of Additional Sessions Judge, Delhi in the case registered under Section 302/34 Indian Penal Code . resulting from the murder of his brother Ram Chander. According to him, the trial court entirely misdirected itself, laid emphasis of irrelevancies while material circumstances were ignored, and the conclusions arrived at were also perverse. It is pointed out that although the respondents admitted that they were involved in the incident leading to the .death of Ram Chander, and pleaded that they acted in the right of self-defence, still the court did not give a finding of guilt when five persons assaulting a single person could not by any stretch be treated as exercising their right of self-defence.

(2.) The state was earlier moved to file an appeal, but it declined to do so.

(3.) Briefly stated the prosecution case was that on the mid-night of 3rd and 4th June, 1980, Laxman Singh, petitioner (P.W.1) was sleeping on the roof of his house No. E-365, Rajghat Power House, DESU Colony, Delhi, along with his cousin Moti Lal (P.W. 7). They then heard noise of quarrel and shouts of 'bacbao-bachao,' and as such came down in the lane. There they found that Baladin accused and Jai Prakash accused had caught hold of Ram Chander and were abusing and beating him. Babu Lal of the adjoining quarter also came there, and when they three tried to intervene and separate Baladin, Jai Prakash and Ram Chander, Baladin shouted towards Bhagwat accused who was looking down from his .quarter, saying that Bhagwat was just watching him being beaten, and what was the use of his relationship with him. Bhagwat, Bansi and Swayamvar then came there, the former two having lathis in their hands. Bhagwat then gave a call that Ram Chander be finished thereby putting an end to daily quarrels. Jai Prakash, Baladin and Swayamvar then caught hold of Ram Chander, while Bhagwat gave a lathi blow on his head. 164 Ram Chander, got himself released and picked up an iron handle of a hand- pump lying nearby, and gave a blow with the same on the head of Baladin and another on the left shoulder of Bhagwat. At this Ram Chander was given lathi blows on his head by Bhagwat and Bansi. Ram Chander fell down bleeding. All the five accused then fled away with their lathis.