SHUBHAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 536/2022 of PS Badarpur for offence under Sec. 302/34 IPC.

(2.) I have heard learned counsel for accused/applicant and learned APP assisted by IO/Inspector Braham Prakash.

(3.) Broadly speaking, prosecution case as flowing out of the FIR registered on the complaint of nephew of the deceased is as follows. The first informant is working as a helper in the tent house run by his father. On 18/12/2022, they had installed a tent in connection with betrothal ceremony of a neighbour, and he was working there. That neighbour also being of the same community, relatives of the first informant except his paternal uncle (the deceased) also were the guests. At that time, one Shubham @ Tolu called up Kohinoor @ Chavanni over phone and there was exchange of abuses. After that, his cousin Gaurav asked the first informant to call his paternal uncle (the deceased). After some time, the deceased told him that Chavanni had been taught a lesson. Thereafter, at about 07:45 pm when all of them sat for dinner the deceased left the place, stating that he would return shortly. After some time, the first informant went out to call the deceased and at that time he saw Chavanni, Prashant and one more boy were assaulting the deceased; Chavanni was holding a country made pistol while Prashant and the third boy were carrying knives and were threatening to kill the deceased. After they stabbed the deceased, father of the first informant reached and shifted the deceased to hospital. The complainant de facto stated that he had seen all three assailants earlier also engaged in goondaism in the same colony and they had killed his paternal uncle to avenge beating of Chavanni.