RAM KARAN Vs. STATE DELHI ADMN

JUDGEMENT

(1.) ON 20. 10. 1989, at about 9. 00am at house no. 10/117 Patel Street, Vishwas nagar, Shadhara a construction was being raised under the contractor ship of the petitioner Ram Karan. The owner of this property was one Gopal Kishan PW-6.

(2.) MALBA and iron rods were thrown at the construction site pursuant to which rama Kant, a labourer sustained injuries and he scummed to his death.

(3.) RAM Karan, the petitioner was charge sheeted under Section 304a of the IPC; before the Trial Court nine witnesses have been examined; of whom the star witness of the prosecution was Santosh Kumar PW-9, an eye-witness. He had deposed that he was working as a Mason in the adjoining factory at Patel Gali, vishwas Nagar being factory no. 10/34; the factory was 2-3 houses away from the house under construction; demolition work was going on; the petitioner i. e. Ram karan was asked not to carry out demolition because some mishappening may take place. He has further deposed that although the petitioner had been asked to stop the work, he replied that it was his work and he knew how to do it. Malba fell upon Rama Kant, pursuant thereto he slipped into a nali and sustained injuries. He was removed to the hospital where he was declared brought dead. The FIR had been recorded on the statement of PW-9; the said statement is ex. PW-10/a.