Neutral Citation Number: 2022/DHC/004404

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 28^th September, 2022

Pronounced on: 20^th October, 2022

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CRL.A. 52/2002

STATE

..... Appellant

Through:

Mr. Prithu Garg, APP for the

State

Versus

MEWA LAL & ORS

..... Respondents

Through:

Ms. Astha, Advocate

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA J.

1. The present appeal has been preferred by the State under

Section 378 Cr.P.C., challenging judgment dated 30.01.1999, passed

by Sh. K.S. Khurrana, ASJ, Delhi in case FIR No. 272/1991, under

Section 302/120B, IPC registered at Police Station, I.P. Estate, New

Delhi.

Digitally Signed

By:ANITA BAITAL

Signing Date:27.10.2022

15:43:59

Signature Not Verified

Neutral Citation Number: 2022/DHC/004404

FACTUAL BACKGROUND

2. The case of the prosecution is that on 23.07.1991, at about

08:03 PM, Constable Himmat Singh (PW-8), who was posted at

Police Post, JPN Hospital, had received information from the Police

Control Room about an accident that had taken place near the ITO

Bridge. He recorded DD Entry no. 23 (Ex.PW-8/A) and a copy of the

same was handed over by him to S.I. Madan Lal (PW-24), for

investigation. Subsequently, S.I. Madan Lal (PW-24), on receipt of

the said DD Entry No. 23, proceeded to the place of incident at

Bahadurshah Jaffar Marg, near Manak Bhawan. On reaching the

spot, S.I. Madan Lal (PW-24) found the deceased lying on a patri,

with injuries on his chest and with blood oozing out. No eye-

witnesses were found available at the spot. From the nature of

injuries found on the person of the deceased, S.I. Madal Lal (PW-24)

came to the conclusion that the circumstance disclosed a case of

murder and accordingly, prepared a rukka (Ex.PW-24/A) and sent

the same for registration of a case, on the basis of which FIR

(Ex.PW-5/A) was registered at P.S. I.P. Estate, at about 09:20 PM.

3. After conducting inquest proceedings and further investigation

in the aforesaid FIR, the State filed a chargesheet against seven

accused persons. It is pertinent to point out that the present

respondents were arrested on 27.09.1991 in case FIR No. 191/91,

under Section 398 IPC, registered at P.S. Subzi Mandi, on the

disclosure made in the said case, they were arrested in the present

Digitally Signed

By:ANITA BAITAL

Signing Date:27.10.2022

15:43:59

Signature Not Verified

Neutral Citation Number: 2022/DHC/004404

case. The case of the prosecution was that on 23.07.1991, between

07:00 PM to 08:00 PM, near ITO, the accused persons named in the

chargesheet, in furtherance of a criminal conspiracy, committed the

murder of Dr. I.S. Verma (hereinafter referred to as ‘deceased’), who

was a tenant in a shop owned by accused Takan Dass. Since the

efforts of the latter to get the said shop vacated by the deceased were

not successful through legal means, a conspiracy was hatched with

his other co-accused, namely, Anand Prakash and Mewa Lal (R-1).

Anand Prakash and Mewa Lal (R-1) agreed to kill the deceased for a

sum of Rs. 50,000/-, which was to be paid by accused Takan Dass.

4. It was the case of the prosecution that Mewa Lal (R-1) further

persuaded Ramesh @ Bhure (R-2) to participate in the said criminal

conspiracy and the latter, in turn suggested involving Diler Singh (R-

4), Surender Saini @ Pappan (R-3) and Sanjay (R-5) in the said

conspiracy. Subsequently, as per the case of the prosecution, they all

joined the criminal conspiracy to eliminate the deceased.

5. Upon filing of the chargesheet, the learned trial Court

proceeded with the trial and charges under Section 302 IPC, read

with 120B IPC were framed against the accused persons named in

the chargesheet. The prosecution examined 34 witnesses. One

witness, Kamal Singh (DW-1) was examined on behalf of Sanjay

(R-5). During the course of th