MANGAT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) VIDE impugned judgment and order dated 12. 1. 2001, the appellant has been convicted for the offence of having murdered Ramesh. The appellant has been acquitted of the charge of having committed an offence punishable under section 25/27 of the Arms Act.

(2.) BRIEFLY stated, the case of the prosecution is that on 15. 10. 1999, Ram Leela was being staged at D-Block, Panchal Vihar and the show commenced at 9:00 PM. At around 11:00 PM, the appellant Mangat, had an altercation with the deceased, Ramesh on an issue of sharing space. Abuses were exchanged between the two. Fist blows were exchanged. The fight ended when the appellant took out a knife and inflicted two blows, one on the chest and the other on the abdomen of Ramesh. The crowd got infuriated and gave a thrashing to the appellant who became unconscious. Const. Vimal PW-16, was present at the place where Ram Leela was being staged to maintain law and order. He had to rescue the appellant from the crowd and arranged to send the deceased to the hospital, who was then grievously injured. As per the prosecution, three public persons viz. Mahesh PW-11, Pramod PW-13 and Praveen pw-14 had witnessed the incident. Mahesh and Pramod had removed the deceased to the hospital.

(3.) THE fact that they did so was evidenced by the fact that their clothes got stained with the blood of the deceased and report of the serologist opined that the blood on their clothes matched the group of the blood of the deceased.