RAMAKANT JHA Vs. STATE

JUDGEMENT

(1.) A workers agitation at Punj Sons Factory, Kalkaji, New Delhi went out of hand on 19. 05. 1990 and the result has been the death of Suresh Chand @ suresh Kumar (deceased) on account of acid burns.

(2.) ON the fateful day of 19. 05. 1990, at about 8. 05 A. M, a telephonic message was received at PCR from one Mr. Rama Nand that there was a quarrel going on at the factory premises. This information was flashed to PS Kalkaji and a DD entry no. 11a was made and the investigation was entrusted to PW17/si Lal Singh who reached the factory premises. At the site, SI Lal Singh found that a car was parked and the injured persons had been removed to Holy Family Hospital. SI Lal Singh then went to the hospital and after seeking permission of the Doctor recorded the statement expw16/a of Vijay Kapoor/pw16 which after endorsement was sent to the police station for registration of the case. Vijay Kapoor claimed that he was the manager in the factory and an agitation was going on in the factory for the last six months with the dismissed employees agitating and holding dharna outside the factory premises. In the process of agitation, slogans used to be raised against the management and there was also threat held out to the officers and owners of the factory. On the date of incident, he came in the car bearing No. DHG 3576 driven by himself. S. Mukherjee, Suresh s/o Ram Swaroop (deceased) and Suresh s/o Ganga Sahai were also seated in the car with Mr. S. Mukherjee seated next to him in the front while both Suresh's were sitting on the backseat with the deceased sitting behind PW16. At about 8 A. M. , when the car took a turn from red light near DTC bus stop, Anand Mai Marg, P. J. Thomas, ravi, Manoj, B. M. Lal, Balkar Singh, Ram Kumar Yadav and Rama Kant along with few others came in front of the car resulting in stoppage of the car. The windows of the car were open. These persons thereafter stated that "saala Kapoor apne pillo ke saath aa gaya hain, in sab ko jaan se mar do". Ram Kishan Yadav/appellant No. 2 held in his hand a container of 5 litres with its mouth cut upon. The container had acid which was thrown at the occupants of the car and appellant no. 1 assisted appellant no. 2 with his hand. The vehicle was speeded up to the main gate of the factory where the facts were narrated to Captain Sunil Sharma/pw10 who was the security in Charge. The deceased succumbed to his injuries in the hospital and the investigations were subsequently entrusted to Inspector M. D. Mehta/pw26. The car was taken into police possession as also the clothes of the injured. The appellants surrendered on 26. 06. 1990 though some of the other accused were arrested on 20. 05. 1990. The post mortem was conducted on the body of the deceased by PW6 Dr. D. M. Bhardwaj who opined that the cause of death was the shock due to ante mortem burns to the extent of 35 per cent which could be the result of corrosive substance. In the course of investigation, accused Ram kishan Yadav/appellant no. 2 made a disclosure statement that the acid was purchased by accused B. M. Lal and the container containing the acid was thrown in the jungle. The shop from which the acid was purchased was identified and statement of the shop owner PW 21 was recorded.

(3.) ON completion of investigation, all the accused were sent for trial. Charges were framed under Section 147/148/307/302/341/149 of IPC. The accused pleaded not guilty and claimed trial.