SUKHDEV SINGH Vs. STATE

JUDGEMENT

(1.) THE digging of the foundation of a plot for construction resulted in an altercation and the aggravation of the same is alleged to have caused the murder of the deceased Surender Nath Pandey.

(2.) AN incident took place in the morning of 20. 10. 2003 when a fight broke out between the deceased and the appellants. The deceased confronted the appellants for having dug the foundation in the plot. An information vide DD entry No. 4a (Ex. PW 18/a) was received and HC Dharam Parkash was deputed to visit the site and the matter was brought under control at the site and the construction was stopped. But the dispute again erupted at 11 AM when information was received vide DD No. 11a (Ex. PW 18/b) resulting in the second visit of HC Dharam Parkash who found that the appellants had again started the activity of digging.

(3.) IT is the case of the prosecution that on the same day, an information was received in the police station about the deceased having been admitted to safdarjung Hospital with 35 per cent burns. This information was sent by Duty constable Sunil Kumar, Safdarjung Hospital and recorded at P. S. S. N. Puri as d. D. No. 42b (Ex. PW 13/a ).