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1985 Supreme(Del) 326

S.N.AGGARWAL, J.D.JAIN, MALIK SHARIEF-UD-DIN
RAMESH KUMAR – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
G.S.SHARMA, KAMLESH DUTT, O.P.Soni

R. N. Aggarwal, J.

( 1 ) KRISHAN Kumar alias Kuddi, Raj Kumar alias Puppi and Ramesh Kumar were tried in the court of Shri T. S. Oberoi, Addl. Sessions Judge on the charges under sections 302 and 324 read with section 34 of the Indian Penal Code. The learned trial Judge found all the accused guilty of the offences charged with and sentenced each one of them to imprisonment for life on the first charge. The sentences were ordered to run concurrently.

( 2 ) AGAINST their convictions and sentences the accused have come in appeal.

( 3 ) THE case for the prosecution is this. There is a dramatic club by the name "naresh Dramatic Club" in Harijan colony, Tilak Nagar. Public Witness 4 Jagdish Kumar was the director of the said club. The club used to play Ram Lila every year during the Dussehra. The appellants during the staging of Ram Lila in the year 1979 had created trouble.

( 4 ) ON 25th September 1980 at about 7. 30 p. m. Public Witness 4 Jagdish Kumar, Public Witness 6 Inder Jit, Public Witness 9 Surinder Kumar, Public Witness 14 Satish Kumar and the deceased Rajesh Kumar were going from house to house to collect funds for the celebrations of Ram Lila. As they reached near the house o












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