DHARAM PAL Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal 144 of 1982 as also Criminal Appeal 84 of 1983 seek to challenge the judgment and order of the Additional Sessions Judge, Delhi, in Sessions Case Nos. 71 of 1981 and 72 of 1981, arising out of FIR No. 79 of 1981, Police Station, Sultanpuri, Delhi whereby the learned judge vide his judgment and order dated 28.7.1982 has acquitted Ram Murti and Ranbir Singh of the offences punishable under Section 302 IPC and Section 323 read with Section 34 IPC while giving them benefit of doubt in Sessions Case No. 71 of 1981 titled 'State vs. Ram Murti etc.' However, the learned Judge went to hold accused, Dharam Pal guilty of the offence punishable under Section 304 Part-I IPC. He was, however, acquitted of the offence punishable under Section 323 read with Section 34 IPC in Sessions Case No. 71 of 1982. Dharam Pal was further held guilty for an offence punishable under Section 27 of the Indian Arms Act, 1955 and accordingly convicted in Sessions Case NO. 72 of 1981. Further, by his order dated 28.7.1982 the learned Judge sentenced Dharam Pal to undergo rigorous imprisonment for five years together with a fine of Rs.1,000/- for the offence punishable under Section 304 Part-I, IPC in Sessions Case No. 71 of 1981 and in default of payment of fine further simple imprisonment for a period of three months. He was also sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 27 of the Indian Arms Act in Sessions Case No. 72 of 1981. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are :

(3.) The Prosecution, in order to support its version, examined 20 witnesses. Of these, PW-1, Pushpa Devi, PW-6, Mukesh and PW-8, Smt. Kishni, are the alleged eye witnesses of the occurrence while the other witnesses are formal in nature.