AMIT KOCHAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The present criminal Revision Petition has been preferred against the order on charge under section 302/34 IPC passed by the learned Additional Sessions Judge on dated 15.07.2006, against the accused petitioner.

(2.) The brief facts necessary to decide this petition are that according to the prosecution, the first Petitioner, Amit Kochar had been carrying on business of ladies garments at no. 630, Mukherjee Nagar and his cousin Rajeev Kochar @ Monty, the second Petitioner runs a chicken shop from a near by place. The Co- accused Gyanender Pal and Devender alias Ram are employees of the first Petitioner. The deceased Raj Kumar was a tailor by profession and used to take orders from the Petitioner and return stitched dresses for which he was paid.

(3.) As a routine the deceased had taken an order from the first Petitioner; but apparently delayed returning it, which agitated the employer. The first Petitioner called his cousin and both of them along with the two co- accused beat up the deceased, and also kicked him. The deceased fell unconscious and, he had to be hospitalized. His Medico Legal Certificate was prepared and he was discharged the same night. In the MLC the deceased wrote that he did not want any police action and the next day the parties settled their differences. A written compromise deed was also given to the police.