BADRI Vs. STATE
LAWS(DLH)-1995-11-47
HIGH COURT OF DELHI
Decided on November 24,1995

BADRI Appellant
VERSUS
STATE OF DELHI Respondents


Referred Judgements :-

RADHA KISHAN V. STATE [REFERRED]
STATE OF KERALA V. M.M. MATBEWS [REFERRED]
BANKIM CHANDER V. MATAGINI [REFERRED]
MANGAMMA V. STATE OF A.P. [REFERRED]
AKHILESH HAJAM V. STATE OF BIHAR [REFERRED]
SADASHIV BAJRANG V. STATE OF MAHARASHTRA [REFERRED]
APPABHAI AND ANR. V. STATE OF GUJARAT [REFERRED]
ABDUL GANI VS. STATE OF MADHYA PRADESH [REFERRED]
RAMKISHAN MITHANLAL SHARMA VS. STATE OF BOMBAY [REFERRED]
KANTA PRASHAD RIZAK RAM VS. DELHI ADMINISTRATION:DELHI ADMINISTRATION [REFERRED]
HARNATH SINGH VS. STATE OF MADHYA PRADESH [REFERRED]
NARAYAN NATHU NAIK VS. STATE OF MAHARASHTRA [REFERRED]
JADUNATH SINGH VS. STATE OF UTTAR PRADESH [REFERRED]
CHANAN SINGH VS. STATE OF HARYANA [REFERRED]
RAMESHWAR SINGH VS. STATE OF JAMMU AND KASHMIR [REFERRED]
HIMACHAL PRADESH ADMINISTRATION VS. OM PRAKASH [REFERRED]
SOHRAB S O BELI NAYATA VS. STATE OF MADHYA PRADESH [REFERRED]
PALA SINGH VS. STATE OF PUNJAB [REFERRED]
RAMANATHAN VS. STATE OF TAMIL NADU [REFERRED]
MOHANLAL GANGARAM GEHANI VS. STATE OF MAHARASHTRA [REFERRED]
RANA PARTAP VS. STATE OF HARYANA [REFERRED]
RAMJI SURJYA PADVI VS. STATE OF MAHARASHTRA [REFERRED]
BHARWADA BHOGINBHAI HIRJIBHAI VS. STATE OF GUJARAT [REFERRED]
SHARAD BIRDHICHAND SARDA VS. STATE OF MAHARASHTRA [REFERRED]
STATE OF UTTAR PRADESH VS. GOKARAN [REFERRED]
STATE OF ANDHRA PRADESH VS. BOGAM CHANDRAIAH [REFERRED]
STATE OF UTTAR PRADESH VS. ANIL SINGH [REFERRED]
MANGILAL VS. STATE OF MADHYA PRADESH [REFERRED]
SHIVNATH SINGH VS. STATE OF UTTAR PRADESH [REFERRED]



Cited Judgements :-

ASPAQ N AHMED VS. STATE OF GOA [LAWS(BOM)-2005-9-177] [REFERRED TO]


JUDGEMENT

J.B.Goel,J. - (1.)Appellants Badri, Khem Chand and Raju were tried for offence under Section 302/34 Indian Penal Code for the murder of one Kirpal at House No. D-236, Prashant Vihar, Delhi on 16-6-1988 and on being found guilty they have been convicted and sentenced to imprisonment fop life and a fins of Rs. 100 each and in default of payment of fine further RI for one month by an Additional Sessions Judge, Delhi vide his judgment and order dated 28-5-1991.
(2.)Briefly slated the prosecution case is that the deceased Kirpal and his wife Rema Public Witness -16 were working as labourers for the construction of houses No- D-250 and D-236, Prashant Vihar, Delhi. The deceased was also working as Chowkidar at these Houses. They were staying at House No. D-250. Om Shankar, Public Witness -8 who was the cousin brother of Rama (she being daughter of his maternal uncle) was working as labourer on construction of House No. D-63, Prashant Vihar, Delhi and was living at House No. D-236. Om Shankar after doing his work left the site at about 11.45 A.M. to take his lunch at house No. D-236 and first he went to house No. D-250 where Rama met him and he enquired of her as to where his brother-in-law Kirpal was. On this she told him that Kurwa and his three companions had come and had taken Kirpal with them on the excuse of playing cards. From there Om Shankar went to House No. D-236 and on entering the house he noticed that Kirpal had been caught by two persons whereas Kurva and the fourth person, were inflicting blows With knives on the person of Kirpal. He had also seen playing cards lying there. On seeing Kirpal being given knife blows he became nervous and came out raising alarm., He went to the nearby Police Post Prasant Vihar and police came with him but in the meantime all the four assailants had escaped.
(3.)In the meantime, one V. K. Talwar resident of House No. D-229 on hearing noise came in the Gali and found Kirpal in injured condition and profusely bleeding lying in the lane or two houses away from House No. D-236. He informed PCR on telephone from House No. D-235. This information was recorded at PCR as DD No. 48-A. FCR in turn had conveyed the information to the Police Station Samaipur Badli where it was recorded as DD No. 6-A at 12.10 P.M. Copy of this DD entry was sent to ASI Yoginder Singh through Constable Balraj. PCR Van had visited the spot but the injured had already been removed from the spot by Constable Ram Kumar to Hindu Rao Hospital where he was admitted at 1 P.M. and had been cammed vide MLC Ex. Public Witness -18/B. He was declared dead at about 1.15 P.M. on the same day.
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