BALLE RAM Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The following accused were tried for the offences under Section 302, 147, 148, 149 and 323 of the Indian Penal Code :

(2.) At the outset we may notice that the acquittal of Dhan Raj was challenged by the State but its petition (Cr. Misc. 456/87) was dismissed in limine. Thus the finding of the trial court acquitting Dhan Raj are not being assailed in the present appeal.

(3.) The learned trial court has noticed the prosecution case in great details. It is unnecessary for us to reproduce the same at length. In a nutshell the prosecution case was that on 16th June, 1984 at 8.43 P.M., Public Witness 10, Amar Nath gave information on telephone to Police Control Room that a fight was going on in village Khera Kalan and that some police officers be sent to control the same. On receipt of that information, which was recorded in the Daily Diary, Sub Inspector Ram Swarup who was then incharge of the police control room van arrived at village Khera Kalan at about 10 P.M. This village is within the jurisdiction of Police Station Alipur, Delhi, After parking the van at the bus stop, the police party consisting of the S.I. himself, one Head Constable and two Constables went to the village to find out as to where the quarrel had taken place. According to this witness for about an hour and a half or two hours, they were searching for the exact place but were unsuccessful. Hence they returned to the bus atop. There they found S.I. Sada Ram alongwith one Constable from Police Station Alipur present who in the meanwhile had been informed by the police control room about the quarrel. It was at that time that Public Witness 31 SI Ram Swarup found a dead body, which.he later on came to know was that of Raghubir Singh Public Witness 31 Ram Swarup was further informed that one injured person viz., Kartar Singh was lying in his house. With the assistance of the villagers, the police team from the police control room was able to remove the injured Kartar Singh from his house and take him to the Hindu Rao Hospital in the police van The injured was accompanied by one Dharam Vir. According to the M.L.C. (Ex. Public Witness 20/A), Kartar Singh when admitted at 1.20 A.M. on 17th June, 1984, was "deeply unconscious".