STATE OF DELHI Vs. MOHD AKHTAR

JUDGEMENT

(1.) On 29.5.1981 dead body of a young man was found lying in Gali Mandir Wall in front of house No.459, Katra Dhanpat Rai, Azadpurat a distance of 1-1/2 furlong towards east from the police station Adarsh Nagar. The information regarding this dead body lying there was received at the police station at 10.30 p.m. The FIR was registered on the same day on the statement of Sahira w/o Mirajuddin and on the basis of the statement the case was booked under section 147/148/149/302/322/324 & 34 IPC. Twelve persons were named in the statement. Incidentally except Khachera the rest of the accused are closely related to each other. In the incident apart from one person being killed two others were seriously injured. 12 persons were sent up for trial. Despite the testimony of the complainant Sahira and that of two injured eye-witnesses the trial court acquitted all the 12 vide the impugned judgment dated 10.10.1983. The state has challenged the judgment of acquittal in the present appeal.

(2.) Before proceedings further it is necessary to describe the area in which the offence has taken place. We are avoiding to use the expression 'place of occurrence' as that is one of the main points to be determined in the present appeal.

(3.) Katra Dhanpat Rai is described as house No.459. However, katra is not one house as normally understood and Sahira who is described as resident of house No.459 is not the only resident of that house. Katra, as commonly understood, is a cluster of tenements with narrow passages running between them. Sometimes these tenements are described as rooms and sometimes as houses or quarters. The map of the area is proved on the record as Ex. PW-1/B. The property known as Katra Dhanpat Rai appears to be a square piece of land on which there are nearly 21 rooms or tenements occupied by different tenants. On one corner of this plot stands house of Ram Chand s/o Dhanpat Rai. The whole property bears the number 459. A narrow passage from the side of this house leads to the inner side of the katra. The rooms/quarters are built alongside the boundary so that they are adjacent to each other and are approachable by that passage. Sahira resides in quarter No.9. As per her statement given to the police the spot where Naseem Ahmad, her brother-in-law, (hereinafter referred to as 'deceased') was stabbed was the spot named ' A' in the site plan. The spot 'D' where the dead body was found may be approximately 100 paces from the spot 'A'. According to one version of Sahira, deceased chased his assailants to the gali abutting the katra and fell at point 'D'. According to the other version given by her he was dragged out of the katra and killed.