BALESHWAR GEHLOT Vs. SIRI CHAND

JUDGEMENT

(1.) This criminal revision petition has been filed by the complainant party impugning the judgment and or order passed by the learned Additional Sessions Judge on 29.08.1997 in Session Case No.42/1993, whereby respondent Nos. 1-4 who were all accused, have been acquitted by giving benefit of doubt. The case arises from FIR No.248/1992 registered under Section 302/307 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") registered at Police Station Tuglak Road.

(2.) On behalf of the petitioners, it was pointed out that a letter dated 26.11.1997 was received by the petitioner No.1 from the Government of NCT in connection with filing of an appeal against the impugned judgment dated 29.08.1997. In that letter the petitioner No.1 had been informed that the Government of NCT of Delhi had decided to file an appeal against the said judgment and the record of the case had been forwarded to the concerned SDM for filing the appeal through the government advocate. Despite such a letter, no appeal had been filed by the Government of NCT and, therefore, the petitioners were constrained to file this criminal revision petition against the judgment of acquittal.

(3.) The allegations against accused were that Siri Chand and Jai Parkash were the owners of quarter No.62, NDMC Quarters, Prithivi Raj Road, New Delhi. They had constructed one jhuggi on their roof and had let out the same to accused Dharambir @ Birey. Baleshwar (the petitioner No.1) and Rajinder (deceased) along with their other family members were living in quarter No.63. It is alleged that there were common latrines and bathrooms for quarter Nos. 61, 62, 63 and 64 which were being used by the occupants of the said quarters and by their guests. It was further alleged that accused Siri Chand and Jai Parkash had put a lock on the common bathroom and latrine. About 15 days prior to 25.10.1992, Baleshwar's grandfather had come to their quarter. As he was seriously ill, Baleshwar and his family members requested the accused Siri Chand and Jai Parkash to open the lock which they had put on the bathroom and latrine. But, they refused to do so. And, it is alleged that an altercation between Siri Chand, Jai Parkash and Samir on the one hand and Baleshwar and his family members on the other hand, took place. The allegations go further that thereafter Baleshwar and Rajinder opened the lock put on the latrine and bathroom. Thereupon accused Siri Chand, Jai Parkash and Samir threatened Baleshwar and Rajinder by stating that they would take revenge for the same.