KUNDAN LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision has been preferred against the order of Shri P. L. Singla, Add!. Sessions Judge, Delhi, dated October 10, 1977 by which be dismissed a challan under Section 301 I P.C. (sic) and acquitted the accused of the charge of having committed murder of one Kanchan Bala, daughter of Kundan Lal who was 18 years old on the date of occurrence.

(2.) The facts leading to the commission of offence as unfolded by the prosecution are that respondent No. 2 Kirpal Dass was in the habit of harassing Kanchan Bala deceased every time he got a chance on her going to and returning from school. A complaint in this regard was made to the father of the accused by Kundan Lal about 4 to 5 months prior to the date of occurrence on 3.10.1976. Deceased Kanchan Bala had also complained to her mother. Krishna wants 10 to 12 days before the date of occurrence that the accused Kirpal Dass, respondent No. 2 had blocked her way in the verandah while she was returning after throwing dust into the dust-bin. She had also told her mother that respondent No.3 had obtained her signatures. Krishna Wanti, her mother had advised her that since respondent No. 2 Kirpal Dass did not belong to their brotherhood or caste and was uneducated unlike her brothers, she should not develop any relations with him and the deceased promised that she would abide by the advice. On both these occasions the father and mother of the deceased had complained to the parents of respondent No. 2. Another event that had taken place prior to the occurrence was on 1st October 1976 when one Chaman Lal Mehta (P.W. 25)at about 9 A.M. had seen respondent No. 2 compelling Kanchan Bala deceased to sit in an auto-rickshaw and on his intervention he was told by the deceased Kanchan Bala about the harassment caused to her by respondent No. 2. Kirpal Dass, respondent No. 2 is said to have warned Kanchan Bala after she was rescued by Chaman Lal Mehta and taken to her parent.

(3.) Another event prior to the occurrence allegedly took place on 2nd October 1976 at about 10 A.M. when Raj Kumar (P.W. 23) brother of the Kanchan Bala deceased, was present with her in the room and the respondent Kirpal Dass passed through a window. Raj Kumar is said to have taken an objection to-it but respondent No. 2 is stated to have told him that he would not desist from peeping which resulted in a sort of verbal dual between both of them. When the father of respondent No. 2 was approached he assured the father of the deceased that he would turn out his son, respondent No. 2.