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1984 Supreme(Del) 303

D.R.KHANNA
LAXMAN SINGH – Appellant
Versus
JAI PARKASH – Respondent


Advocates Appeared:
B.T.Singh, K.N.CHITKARA, O.N.Vohra

D. R. Khanna, J.

( 1 ) THIS criminal revision has been moved by Laxman Singh against the acquittal of five respondents by the court of Additional Sessions Judge, Delhi in the case registered under Section 302/34 Indian Penal Code. resulting from the murder of his brother Ram Chander. According to him, the trial court entirely misdirected itself, laid emphasis of irrelevancies while material circumstances were ignored, and the conclusions arrived at were also perverse. It is pointed out that although the respondents admitted that they were involved in the incident leading to the. death of Ram Chander, and pleaded that they acted in the right of self-defence, still the court did not give a finding of guilt when five persons assaulting a single person could not by any stretch be treated as exercising their right of self-defence.

( 2 ) THE state was earlier moved to file an appeal, but it declined to do so.

( 3 ) BRIEFLY stated the prosecution case was that on the mid-night of 3rd and 4th June, 1980, Laxman Singh, petitioner (P. W. 1) was sleeping on the roof of his house No. E-365, Rajghat Power House, DESU Colony, Delhi, along with his cousin Moti Lal (P. W. 7 ). They then heard nois


































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