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MANMOHAN SARIN, J.M.MALIK
State – Appellant
Versus
Bal Kishan @ Bali – Respondent


Counsel for the Parties:
For the Appellant:Mr. Sunil Sharma and Mr. Jagdish Prasad, Advocates.
For the Respondent:Mr. K.B. Andley, Sr. Advocate with Mr. M.L. Yadav, Advocate.

JUDGMENT

J.M. Malik, J. - The respondent/accused was exonerated from the charges under Section 302 of I.P.C. and Sections 25/27/54/59 of Arms Act by the learned Additional Sessions Judge vide his order dated 24th December, 1981. Aggrieved by that order, the State has preferred the present appeal. In brief, the facts of the prosecution case are: Lakhi Shah Kohli and Kirori Shah Kohli, cousins were partners in business. After the death of Lakhi Shah Kohli, his son Satpal Kohli, the deceased, continued his business with Kirori Shah Kohli. The said business terminated 10-12 years prior to the present incident. Their relations became sour due to disputes over money matters. Bal Kishan, respondent/accused, is the son of Kirori Shah Kohli, Satpal Kohli, his brother Dharampal Kohli, their wives Pushpa Kohli and Asha Kohli, their mother Vidya Wanti and family including Deepak, deceased’s son aged about 10 years, resided in house No. I-48, Kirti Nagar, Delhi.

2. On 3rd July, 1980 at about 9.25 p.m., ASI Krishan Kumar received an information on telephone from Krishan Murari PW about a quarrel at I-56, Kirti Nagar. Pritam Singh ASI and constable Bhawani Dass visited the spot. It transpired t

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