STATE Vs. SURJIT SINGH

JUDGEMENT

(1.) By this judgment Criminal Appeal No. 148 of 1982 and Criminal Revision 210 of 1982 are being disposed of since they seek to challenge the judgment and order dated 31.3.1982 of the Additional Sessions Judge,Delhi, in Sessions Case No. 7/79, arising out of FIR No. 469/75, Police Station, Tilak Nagar, Delhi, whereby the learned Judge has acquitted the accused persons of all charges framed against them.

(2.) Brief facts of the case, as noted by the learned Additional Sessions Judge, are as follows :

(3.) The prosecution, in order to establish its case, examined as many as 36 witnesses. The trial court on the basis of the prosecution's case came to the conclusion that the circumstances relied upon by the prosecution against, Surjit Singh and Gurdeep Singh were : (i)Dying declaration made by Kulwant Kaur in Willingdon Hospital in presence of her mother, Niranjan Kaur and Gopal Singh (PW-1 & PW-2 respectively). (ii)Extra judicial confession made by accused, Surjit Singh and Gurdeep Singh, on 13.5.75 first in the dead-house, then before complainant Ujjagar Singh (PW-6) and his family members on the same day and lastly on 14.5.75 at the residence of the complainant. (iii)Recovery of stove (in working order) lock of hair from the spot where lot of kerosene oil was also noticed lying on the ground.