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DELHI HIGH COURT
SIDDHARTH MRIDUL, BRIJESH SETHI
State – Appellant
Versus
Shambhu Dayal – Respondent


JUDGMENT

Brijesh Sethi, J. The appellant has instituted the present appeal under section 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C.') against the impugned judgment and order dated 15.10.1999, in Sessions Case No. 14/98, arising out of FIR No.143/1987, registered at Police Station-Anand Parbat; whereby the Trial Court has acquitted the accused persons Shambhu Dayal, Prakash Chand and Sh. Lal Singh (hereinafter referred to as `the respondents') of a charge framed against all of them under section 452/304/34 Indian Penal Code, 1860 and u/s. 342 IPC against accused Lal Singh.

2. The case of the prosecution as elaborated by the learned Trial Court is as follows:

    "2. Prosecution case, as disclosed in charge-sheet, is that on 23.11.87, Smt. Kamlesh Kumari, the complainant, gave statement to Shri Harmeet Singh, ACP, Patel Nagar at RML Hospital in the presence of Shri Kartar Singh that she was residing at 408/5AC, Anand Parbat with her children. The house was taken on rent from Ranjit Singh. The sons of Puran Singh were asking her to vacate the house since long saying that they had purchased the house. For this she had obtained a stay from the Cou

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