Saddak Hussain vs. State of Delhi on 15 May, 2019

  Jeet Kumar, the victim was standing with his cousin Ajeet Kumar outside their house situated in the jhuggi cluster at K Block, Jahangir Puri, when he expressed a desire to partake chicken. Ajeet suggested that they should proceed to a chicken shop situated in the A Block Market, Jahangir Puri. Both of them proceeded on a motorcycle to the chicken shop (Saleem Chicken Wala), where Jeet stopped his motorcycle to answer the call of nature. While they were easing themselves, six men arrived there on two motorcycles. Ajeet recognized them and was aware of the fact that case had been registered against them on a complaint made by Jeet. Besides the accused, Bholu to Bachha, one Ajay was also present at the spot. The appellant grabbed Jeet by his face and said "Tu hamare khilaf gawahi dega". Thereafter, all the accused started beating him. Bachha took out a pistol and fired at Jeet, who was hit by a bullet on his arm. To save himself, Jeet ran towards a nearby country liquor shop. All the six accused followed him in hot pursuit.  Ajeet Kumar also ran after them. On reaching near the country liquor shop, Jeet was thrashed by the accused persons, who said "Is sale ko jaan se mar dete hai, na hoga gawah na hogi gawahi".  Bachha fired at the chest of Jeet, who sustained injuries and fell down on the ground. On seeing this, Ajeet Kumar fled from the spot, rushed to his aunt, Bimla (mother of the victim) and his parents and informed them about the incident. By the time they reached the scene of crime, Jeet was not present there. Doctor was declared “brought dead”.

   The Judgment of conviction and order of sentence qua the appellant are quashed and set aside. The appellant is acquitted for the offence punishable under Section 302 IPC and is directed to be released forthwith, unless required to be detained in any other case.

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