SUMAY SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) Learned Additional District Judge acquitted all the four accused for offences under Sections 452, 304 read with Section 34, 1PC vide impugned order dated 3rd October, 2002. Aggrieved by that order the complainant has filed the instant Criminal Revision Petition. Adumbrated in brief, the prosecution case is this. The family of Sumay Singh owns a vacant plot measuring 340 yards at Pushta Road. Sumay Singh, complainant had already obtained a stay order from the Civil Court. Accused/respondent Hari Ram is his uncle. Sumay Singh informed him that he had purchased the said plot and he should not trespass the same as they had obtained the stay order. On 19th November, 1998 at about 8.45 a.m. Ant Ram, younger brother of Sumay Singh was pre. ent in his house. Accused Hari Ram accompanied by his sons accused Kalluram @ Ranbir, Bakshi Ram and one another person Mehar Chand accused, came to their house. They asked them that they would build a boundary on the above mentioned plot. Sumay Singh requested them that let the matter be decided by the Court. Hari Ram while addressing his other co-accused asked them that Sumay Singh and Ant Ram would not agree like that and they should be taught a lesson. They started abusing them. Hari Ram and Bakshi Ram caught hold of Ant Rain. Mehar Chand took out a small sword from his Pyjama. He thrust the sword on the left hand of Ant Ram. Sumay Singh tried to save his brother Ant Ram, in the meantime Hari Ram asked Kallu Ram to shoot them. Consequently Kallu Ram fired a shot from his revolver at Ant Ram, which hit on the left arm of Ant Ram. In the meantime, people gathered at the spot and the accused fled away.

(2.) The prosecution examined 14 witnesses in support of their case. Out of whom, Sumay Singh, PW-4, Ant Ram, PW-6, Raj Singh, PW-9, Narinder, PW-10 and Aatbeer Singh, PW-11 are the eye witnesses. PW-4 and PW-6 have supported the prosecution case down the line.

(3.) The second story comes out from the mouths of PW-9 and PW-10. Raj Singh and Narinder made a departure from the prosecution story. They deposed that their attention got arrested by a quarrel. Raj Singh found that Ant Ram was having a country-made revolver in his hand, he could not trigger the same, threw the same, lifted a Naal, filled the same with explosive material, when Sumay Singh tried to snatch the said Naal firing took place from the Naal and Ant Ram fell down. The statement of Narinder is almost the carbon copy of deposition made by Raj Singh. It is not out of place to mention here that the APP did not cross-examine these witnesses because both of them made the same statements under Section 161,