STATE DELHI ADMINISTRATION Vs. JAGAN NATH
LAWS(DLH)-1995-3-52
HIGH COURT OF DELHI
Decided on March 31,1995

STATE Appellant
VERSUS
JAGAN NATH Respondents


Referred Judgements :-

JAGJIT SINGH V. STATE [REFERRED TO]
THULIA KALI VS. STATE OF TAMIL NADU [REFERRED TO]
BALAKA SINGH VS. STATE OF PUNJAB [REFERRED TO]
GANESH BHAVAN PATEL VS. STATE OF MAHARASHTRA [REFERRED TO]
TOTA SINGH VS. STATE OF PUNJAB [REFERRED TO]



Cited Judgements :-

STATE DELHI ADMINISTRATION VS. SOM PRAKASH alias SOM NATH alias SOMI [LAWS(DLH)-1998-10-66] [REFERRED]


JUDGEMENT

Arun B.Saharya - (1.)This is an appeal preferred by the State against acquittal of the sole respondent Jagan Nath by a judgment of the Additional Sessions Judge, Delhi, dated 31st of May 1979. in a case under Sections 302/307/34 I.P.C.
(2.)The charge against Jagan Nath was that on 9th of January 1978 at about 9.30 P.M. at shop No. 4, Parwana Road within the jurisdiction of P.S. Gandhi Nagar, in furtherance of his common intention with Om Parkash alias Som Nath alias Somi, who was declared Proclaimed Offender, committed murder of Lal Chand and Vasudev, and inflicted injuries with sharp object to Prem Wati with such intention or knowledge and under such circumstances that if by that act she had died he would have been guilty of murder.
(3.)According to the prosecution, accused Jagan Nath was residing along with his family, including his wife Shanti, daughter Neelam and brother Om Prakash was residing in house No. 15, Brijpuri Extension, Khureji, Delhi. At the back of his house, Vasudev deceased, a plumber, with his wife Prem Wati (P.W.3), daughter Maya Devi (P.W.2), Lal Chand deceased and Vijay Kumar (P.W. 11), brothers of Prem Wati were residing, in the premises described by some witnesses as house and by others as shop No. 4, on Parwana Road. As per the FIR Ex.Public Witness-15/B, on 28.12.1977 a quarrel took place between Neelam and Maya Devi (P.W.2). Prem Wati (P.W.3) intervened and slapped Neelam. Jagan Nath accused and Vasudev joined the brawl. Jagan Nath fell down. His left hand was fractured. Vasudev also received injuries. Both of them had to be taken to the hospital for treatment. A few days thereafter, on 9.1.1978 Vasudev, Prem Wati, Maya Devi, Lal Chand and Vijay Kumar had retired for sleeping inside the shop. Shutter of the shop was closed. At about 9.30 P.M., someone knocked from outside. Prem Wati enquired as to who was outside. A hand pump was to be repaired, was the reply. Prem Wati lighted a lamp and opened the shutter. She noticed Jagan Nath and his brother Om Prakash standing near the shutter and two other persons were also there on the road in front of the shop. Immediately, Om Parkash stabbed Prem Wati in her chest with a kirpan. She started running towards Parwana Road raising an alarm 'BACHAO BACHAO'. Jagan Nath accused exhorted his brother Om Parkash to finish all those inside. Lal Chand deceased came near the shutter on hearing the alarm of Prem Wati. He too was stabbed by Om Parkash with the same kirpan. Lal Chand cried 'MAAR DIYA MAAR DIYA' and fell down. Then, Vasudev came forward. Jagan Nath accused secured him and Om Parkash stabbed him a number of times. Vasudev also fell down near the shutter. When many persons from the mohalla came there, Jagan Nath accused, his brother Om Parkash and the two others escaped.
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