STATE (GOVT OF DELHI) Vs. YAD RAM

JUDGEMENT

(1.) This is an appeal arising out of the judgment of the Additional Sessions Judge, Delhi dated 30-08-99 where the learned ADJ has acquitted all the accused persons giving them benefit of doubt u/s 304/325/324/323/34 IPC.

(2.) The brief facts of the prosecution case are that all the accused persons including Namberdar, Sushil Kumar, Yad Ram, Ved Ram and Anil Kumar committed murder of Kishori Lal and they also caused injuries to the witnesses present there. It is alleged that on 28-08-91 Jamna Prasad PW3 made statement before the police that on 28-08-91 he was coming back from his duty at 8.40 p.m. At that time, accused Ved Ram was sitting at his shop at Gujjar Dairy while Yad Ram and his brother Namberdar were standing outside the shop. Namberdar stopped PW3 and told him that during the day time he had made allegation against him about the liquor to which PW3 replied that it was not good to fight. PW3 further alleged in his statement that on that day accused Namberdar had alleged that his father Kishori Lal had instigated his younger brother from whom Namberdar had purchased the land stating that Hira Lal had sold the land at cheaper rate to Namberdar. Namberdar, accused slapped him twice. His father who was sitting in his house came to his rescue. In the mean time, accused Ved Ram and accused Anil Kumar also came there and both of them caught hold of his father Kishori Lal. Accused Anil Kumar caught hold of his father by his hand and accused Ved Ram caught hold of his father by his neck and they started pushing him. Accused Namberdar also brought a danda from the shop and shouted on them. Surender Kumar PW1 and Jitender Kumar PW2 in the mean time came there and they tried to save his father. Accused Sushil Kumar @ Babu hit both PW1 and PW2 with a hockey stick as a result of which Surender Kumar received injuries on his head and Jitender Kumar on his right shoulder and other parts of his body. Yad Ram also exhorted lalkara ''Maro Salon Ko''. His nephew Ashok Kumar also came there and accused Anil Kumar caught hold of Ashok Kumar and caused injuries on his left shoulder. He picked up his father and took him to his house. In the mean time, police came there and the accused persons ran away. His father was declared dead at the hospital.

(3.) A charge u/s 304/325/323/324/34 IPC was framed against the accused persons to which they pleaded guilty and claimed trial.