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1987 Supreme(Del) 308

M.K.CHAWLA
PAWAN KUMAR – Appellant
Versus
DELHI ADMINISTRATION – Respondent


Advocates Appeared:
amicus curiae, K.K.BAKSHI, URMIL KHANNA

( 1 ) IN pursuance of the registration of a case FIR No. 25/84 at Police Station Kashmiri Gate, Delhi, accused Gopi, Pawan Kumar, Chhote and Hari Ram were arrested and charged to stand trial for the offence u/s. 302 read with S. 34, I. P. C. for causing the death of Chander, near bus-stop of D. T. C. , Yamuna Bazar, Delhi. Accused Pawan Kumar and Chhote were separately charged for the commission of an offence u/s. 25 of the Arms Act in case F. I. R. No. 36/84 of Police Station Jama Masjid Both these cases were consolidated by order dated 6-9-1984 of the Addl. Sessions Judge, Delhi, on account of the fact that recovery of knife from the accused, Pawan was alleged to be connected with offence u/s. 302 read with S. 34. I. P. C.

( 2 ) BY the detailed order dated 19-2-1987 all the accused were acquitted by giving them benefit of doubt of the offences u/s. 302 read with S. 34 I. P. C. However, on the testimony of PW 15, Kalam Singh, PW-11, Jagbir Singh and PW-21, S. I. Kanchan Dev, accused Pawan Kumar was convicted for the offence u/s. 25 of the Arms Act. He was sentenced to undergo R. I. for a period of five years. However, he was held entitled to the benefit of S. 428 Cr. P. C. in resp







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