DHARAM PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal filed by the appellant Dharam Pal challenges the judgment of the learned Additional Sessions Judge in Sessions Case No. 132/01 in FIR No. 334/01, P.S. Kashmere Gate, Delhi under Sections 302/201/34 IPC. The impugned judgment convicted the appellant under Section 302 read with Section 34 IPC while convicting the other co-accused Kameshwar, Lal Behari, Raj Kumar and Prem Kumar under Section 304-II read with Section 34 IPC for a period of 5 years and also convicted all the accused under Section 201 read with Section 34 IPC for 3 years imprisonment and the sentences were to run concurrently. The case alleged by the prosecution is that on 21st July, 2001, one Jagdish Sahni came to the Police Station and gave a statement which forms the basis of the FIR, which is stated by the prosecution as follows:-

(2.) On the basis of this report, FIR bearing no. 334/01 u/s 302/301/34 IPC was registered at Police Station Kashmere Gate, Delhi and investigation started. On completion of investigation, challans were filed before the Ld. MM on different dates as accused Dharampal was arrested later on. On completion of formalities, the case was committed to the Court of Sessions.

(3.) On 13th March 2002, charges were framed against accused Prem Kumar, Raj Kumar, Kameshwar, Lal Bihari and Dharampal under Sections 302/201/34 IPC to which they pleaded not guilty and claimed trial.