Malik Sharief-Ud-Din, J.

( 1 ) TO begin with, four persons, namely, Gian Chand appellant, one Jai Chand, Rakesh Kumar and Nairn Ahmed were prosecuted under sections 302/34 and 120-B Indian Penal Code and sections 27/54/59 of Indian Arms Act for conspiring and committing death of one Radhey Sham alias Lala on the night of 6th September 1980 at about 9. 45 P. M. near Meera Pai Mandir in the area of Govindpuri, Delhi. The deceased Radhey a has Lala as also another Radhey Sham Public Witness 10 were carrying on embroidery business. Deceased Radhey belonged to Chandni Chowk, Delhi. These two persons were known to each other intimately. Sant Lal Public Witness 15 was a property broker in Govindpuri area and was also known to the deceased and Public Witness 10 Radhey Sham. The four accused persons who were put on trial were allegedly working in an embroidery factory. Three of them, namely, Gian Chand, his brother Jai Chand and Naim Ahmed were employees of Kishan Chand Public Witness 2.

( 2 ) ON 6th September 190, Radbey deceased had gone to Govindpuri for repair of his embroidery machine. There he came across Public Witness 10 Radhey Sham. After he got his machine repaired and despatched

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