{"id":172562,"date":"2010-01-06T00:00:00","date_gmt":"2010-01-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/indresh-kumar-vs-ram-phal-ors-on-6-january-2010"},"modified":"2016-06-20T04:35:30","modified_gmt":"2016-06-19T23:05:30","slug":"indresh-kumar-vs-ram-phal-ors-on-6-january-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/indresh-kumar-vs-ram-phal-ors-on-6-january-2010","title":{"rendered":"Indresh Kumar vs Ram Phal &amp; Ors on 6 January, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Supreme Court of India<\/div>\n<div class=\"doc_title\">Indresh Kumar vs Ram Phal &amp; Ors on 6 January, 2010<\/div>\n<div class=\"doc_bench\">Bench: V.S. Sirpurkar, Mukundakam Sharma<\/div>\n<pre>                                                      1\n\n\n\n                                                               \"Reportable\"\n\n\n                     IN THE SUPREME COURT OF INDIA\n\n\n                   CRIMINAL APPELLATE JURISDICTION\n\n\n                 CRIMINAL APPEAL NOS. 125-126 OF 2003\n\n\n\n\nIndresh Kumar                                                    .... Appellant\n\n\n                                       Versus\n\n\nRam Phal &amp; Ors.                                                  ......Respondents\n\n\n\n\n                                 J U D G M E N T\n<\/pre>\n<p>V.S. SIRPURKAR, J.\n<\/p>\n<\/p>\n<p>1.     These   appeals   questions   the   judgment   of   the   High   Court <\/p>\n<p>whereby   the   High   Court   allowed   the   appeal   filed   by   one   Ramphal <\/p>\n<p>(respondent No. 1 herein), an Inspector of Police and acquitted him of <\/p>\n<p>the   offence   punishable   under   Section   218,   IPC.     He   was   also <\/p>\n<p>acquitted   of   the   other   offences   punishable   under   Sections   342   and <\/p>\n<p>323,   IPC.     He   was   convicted   by   the   Court   of   Additional   Sessions <\/p>\n<p>Judge,   Kaithal   wherein   as   many   as   seven   persons   were   tried   for <\/p>\n<p>these   offences.         His     other     six     co-accused       were,     however, <\/p>\n<p>acquitted   by   the   Trial   Court   while   Inspector   Ramphal   who <\/p>\n<p>is     now     arrayed     as     the     first     respondent,     was     convicted. <\/p>\n<p>This     judgment    was    challenged    by    him    before    the    High <\/p>\n<p><span class=\"hidden_text\">                                           2<\/span><\/p>\n<p>Court. The acquittal of Ramphal from other offences as also the total <\/p>\n<p>acquittal   of   other   six   accused   persons   came   to   be   challenged   by <\/p>\n<p>Indresh Kumar, the original complainant and the appellant herein by <\/p>\n<p>way of a criminal revision.   The High Court in its common judgment <\/p>\n<p>has allowed the appeal filed by the respondent No. 1 herein and has <\/p>\n<p>awarded   him   the   verdict   of   total   acquittal.   At   the   same   time,   the <\/p>\n<p>revision filed by appellant Indresh Kumar was dismissed.   Appellant <\/p>\n<p>Indresh Kumar now has come up before us challenging the acquittal <\/p>\n<p>of   all   the   accused   persons   including   Ramphal   (respondent   No.   1-<\/p>\n<p>accused) who was acquitted by the High Court.\n<\/p>\n<\/p>\n<p>2.     This case has a long history as well as political overtones.  The <\/p>\n<p>appellant-complainant   Indresh   Kumar   who   was   originally   examined <\/p>\n<p>as   PW-8   came   to   know   about   the   illegal   detention   of   his   father <\/p>\n<p>Chaman Lal Saraf and his two brothers by the Police of Kaithal.   He <\/p>\n<p>was ordinarily residing in Jammu where he was working as a full time <\/p>\n<p>preacher of an organisation, namely, Rashtriya Swamsewak Sangh. <\/p>\n<p>On coming to know about the illegal detention he reached Kaithal on <\/p>\n<p>25.06.1992   and   went   to   the   city   Police   Station,   Kaithal   where <\/p>\n<p>Ramphal (respondent No. 1-accused) was the Station House Officer. <\/p>\n<p>He   had   gone   there   along   with   two   of   his   friends.     On   being   asked <\/p>\n<p><span class=\"hidden_text\">                                           3<\/span><\/p>\n<p>about the illegal detention of his father and the brothers, Ramphal not <\/p>\n<p>only took him in custody but he was beaten up with stick not only by <\/p>\n<p>Ramphal   but   by   other   Police   Officials   also   (the   other   six   accused <\/p>\n<p>persons) on the asking of Ramphal.  He was then taken from place to <\/p>\n<p>place   in   a   Police   jeep.     On   the   next   day,   after   the   medical <\/p>\n<p>examination,   he   was   produced   before   the   Executive   Magistrate <\/p>\n<p>where he learnt that a total false case under Section 107\/151 Cr.P.C. <\/p>\n<p>was registered against him on the allegations that he had fought and <\/p>\n<p>created ruckus at the residence of one Anil Kumar S\/o Prem Chand. <\/p>\n<p>He   was   initially   directed   to   submit   a   bond   of   his   good   behaviour, <\/p>\n<p>however,   later   on   the   Magistrate   dropped   the   proceedings   against <\/p>\n<p>him. Appellant Indresh Kumar then met the Superintendent of Police <\/p>\n<p>and   Deputy   Commissioner,   Kaithal   where   he   filed   the   complaint <\/p>\n<p>against   Ramphal   (respondent   No.1-accused)   and   his   co-accused. <\/p>\n<p>He, thereafter, returned to Jammu.   However, he returned to Kaithal <\/p>\n<p>on   11.07.1992   and   again   got   himself   examined   where   on   his <\/p>\n<p>radiological examination, a fracture was found on his left foot.  <\/p>\n<p>3.     On demonstrations by a political party about the alleged police <\/p>\n<p>atrocities,   the   District   and   Sessions   Judge,   Kurukshetra   was <\/p>\n<p>appointed   as   the   inquiry   officer   to   inquire   into   the   offence   on <\/p>\n<p><span class=\"hidden_text\">                                           4<\/span><\/p>\n<p>10.07.1992.     He   submitted   his  report  on   31.07.1992  wherein   it  was <\/p>\n<p>reported   that   Ramphal   (respondent   No.1-accused)   and   other   co-<\/p>\n<p>accused were guilty of offences.   On the basis of this report, a case <\/p>\n<p>was   registered  at   the   city  Police   Station,   Kaithal  in   February,   1996. <\/p>\n<p>The case also got reinvestigated.  Ultimately, all the accused persons <\/p>\n<p>were   charged   under   Sections   367,   420,   468,   471,   218,   IPC   and <\/p>\n<p>120B,   IPC.     The   case   was   tried   by   the   Additional   Sessions   Judge, <\/p>\n<p>Kaithal   where   as   many   as   22   witnesses   came   to   be   examined. <\/p>\n<p>However,   the   Trial   Court   acquitted   six   accused   persons   while <\/p>\n<p>convicting   respondent   Ramphal   alone   for   the   offence   punishable <\/p>\n<p>under Sections 323, 218 and 342, IPC.  We have already pointed out <\/p>\n<p>that   Ramphal&#8217;s   appeal   before   the   High   Court   was   allowed   and   he <\/p>\n<p>was   acquitted   while   the   revision   filed   against   his   acquittal   from   the <\/p>\n<p>other   offences   and   the   total   acquittal   granted   to   other   six   accused <\/p>\n<p>persons   was   dismissed.     That   is   how   Indresh   Kumar   (appellant-<\/p>\n<p>complainant) is before us in this appeal.\n<\/p>\n<\/p>\n<p>4.     On the basis of the evidence of Dr. B.B. Kakkar (PW-6) that he <\/p>\n<p>had examined Indresh Kumar on 26.06.1992 at 6.05 a.m. and issued <\/p>\n<p>medical   report   as  Exhibit   PD,   the   High   Court   found  that   in  the  said <\/p>\n<p>medical report, it was mentioned that Indresh Kumar had suffered the <\/p>\n<p><span class=\"hidden_text\">                                                5<\/span><\/p>\n<p>injury to his right foot.  Whereas when examined by Dr. S.K. Singhal <\/p>\n<p>(PW-7)   on   11.07.1992   in   the   Civil   Hospital,   Kaithal,   Dr.   Singhal   he <\/p>\n<p>had found fracture of fifth Metatorsal bone of the left foot of Indresh <\/p>\n<p>Kumar.   From these, the High Court came to the conclusion that the <\/p>\n<p>prosecution had not given the truthful version of the story inasmuch <\/p>\n<p>as   a   fracture   of   right   foot   could   not   travel   to   the   left   foot   within   a <\/p>\n<p>period of 20 days.  The High Court then found fault with the absence <\/p>\n<p>of   application   which   Indresh   Kumar   had   given   before   the <\/p>\n<p>Superintendent of Police, Kaithal on 26.06.1992 itself.   It, therefore, <\/p>\n<p>came to the conclusion that it could not presume that Indresh Kumar <\/p>\n<p>had   moved   the   police   authorities   on   26.06.1992   against   the   torture <\/p>\n<p>allegedly suffered by him at the hands of Ramphal.   The High Court <\/p>\n<p>also   noticed   that   one   Anil   Kumar   s\/o   Prem   Chand   had   moved   an <\/p>\n<p>application   on  25.06.1992   against   Indresh   Kumar,  the  photocopy  of <\/p>\n<p>which was produced by accused as Exhibit-DA.   From this, the High <\/p>\n<p>Court   deduced   that   the   story   put   forth   by   the   Police   that   Ramphal <\/p>\n<p>(respondent   No.1-accused)   had   gone   to   the   residence   of   Prem <\/p>\n<p>Chand   and   had   created   a   ruckus   there   and   during   that   Ramphal <\/p>\n<p>(respondent   No.1-accused)   was   injured   at   the   hands   of   Anil   Kumar <\/p>\n<p>due  to  which  both Indresh  Kumar  (appellant  herein)  as  well  as  Anil <\/p>\n<p><span class=\"hidden_text\">                                            6<\/span><\/p>\n<p>Kumar   were   produced   before   the   Executive   Magistrate   in   the <\/p>\n<p>morning, must be taken to be a true story.  From this the High Court <\/p>\n<p>further   deduced   that   Indresh   Kumar   might   have   felt   insulted   and   in <\/p>\n<p>order   to   take   revenge   against   Ramphal   and   other   six   co-accused <\/p>\n<p>persons, Indresh Kumar might have invented a false story.  The High <\/p>\n<p>Court   also   viewed   suspiciously   that   injured   Indresh   Kumar   went   to <\/p>\n<p>Jammu   on   26.06.1992   itself   without   getting   himself   radiologically <\/p>\n<p>examined   only   to   return   from   there   on   11.07.1992   to   get   the <\/p>\n<p>confirmation about his fracture in the subsequent examination.  It was <\/p>\n<p>held that Indresh Kumar got the wrong foot X-rayed.  It was also held <\/p>\n<p>that   the   prosecution   had   not   proved   that   Ramphal   had   forged   the <\/p>\n<p>application on behalf of Anil Kumar and had registered a false case <\/p>\n<p>under   Section   107\/151   Cr.P.C.   against   Indresh   Kumar   and   it   had <\/p>\n<p>further failed to produce Anil Kumar in order to rebut the contention of <\/p>\n<p>Ramphal   that   he   had   taken   action   against   Indresh   Kumar   on   the <\/p>\n<p>application moved by Anil Kumar.   It was also held that prosecution <\/p>\n<p>had failed to prove that Ramphal had concocted  a story  in order to <\/p>\n<p>falsely   implicate   Indresh   Kumar   in   a   case   under   Section   107\/151 <\/p>\n<p>Cr.P.C.   relating   to   the   earlier   incident   of   beating   the   accused.     The <\/p>\n<p>High   Court   also   found   fault   with   the   late   lodging   of   the   First <\/p>\n<p><span class=\"hidden_text\">                                               7<\/span><\/p>\n<p>Information Report and that is how the High Court allowed the appeal <\/p>\n<p>and   set   aside   the   conviction   and   the   sentence   of   Ramphal <\/p>\n<p>(respondent No.1 herein).\n<\/p>\n<\/p>\n<p>5.      Very significantly there is not even one word about the six other <\/p>\n<p>accused   persons   whose   acquittal   was   also   challenged   by   the <\/p>\n<p>appellant   Indresh   Kumar   by   filing   a   separate   revision   against   their <\/p>\n<p>acquittal.  It is only in the operative part, the High Court mentions, `the <\/p>\n<p>petition is dismissed.   See detailed judgment in Criminal Appeal No. <\/p>\n<p>196-SB\/2001&#8242;.     Very   significantly   not   even   one   word   has   been <\/p>\n<p>mentioned by the High court in the said judgment.\n<\/p>\n<\/p>\n<p>6.      On   behalf   of   Indresh   Kumar   (appellant   herein),   Shri   Navin <\/p>\n<p>Chawla,   learned   counsel   appeared   and   pointed   out   as   to   how   the <\/p>\n<p>whole   judgment   of   the   High   Court   was   perverse.     Shri   Chawla <\/p>\n<p>produced   before   us,   firstly,   the   photocopy   of   the   document   in   the <\/p>\n<p>case which was allegedly initiated on the basis of the report by Anil <\/p>\n<p>Kumar against Indresh Kumar to the effect that he had come to his <\/p>\n<p>house and had fought with him wherein they had physical altercation. <\/p>\n<p>It   is   significant   to   note   that   on   the   basis   of   this   report,   the   police <\/p>\n<p>allegedly came to the residence of Anil Kumar and arrested both Anil <\/p>\n<p><span class=\"hidden_text\">                                          8<\/span><\/p>\n<p>Kumar   as   well   as   appellant   Indresh   Kumar   as   per   the   version   of <\/p>\n<p>Ramphal   (respondent   No.1-accused).     It   is   then   on   that   basis   that <\/p>\n<p>they   were   produced   in   the   morning   after   their   medical   examination <\/p>\n<p>before the Executive Magistrate dealing with the Chapter cases under <\/p>\n<p>Sections 107 and 151 Cr.P.C.\n<\/p>\n<\/p>\n<p>7.     According to the police though the Magistrate had first passed <\/p>\n<p>an   order   against   Indresh   Kumar,   he   later   on   dropped   the <\/p>\n<p>proceedings.     Shri   Chawla   pointed   out   to   us   on   the   basis   of   the <\/p>\n<p>photocopies of the documents, that before the Magistrate, Anil Kumar <\/p>\n<p>had given a statement that he was picked up at 3 a.m. in the night <\/p>\n<p>and was kept in the police custody and he also went out to ask in the <\/p>\n<p>Court   as   to   why   he   was   taken   away.     The   argument   is   that   this <\/p>\n<p>document, if accepted, would completely falsify the story of Ramphal <\/p>\n<p>(respondent   No.1-accused)   that   he   had   picked   up   Indresh   Kumar <\/p>\n<p>(appellant herein) and Anil Kumar and had arrested them.   It is true <\/p>\n<p>that   Ramphal   (respondent   No.1-accused)   claims   to   have   picked   up <\/p>\n<p>Anil   Kumar   along   with   Indresh   Kumar   from   the   house.     However,   if <\/p>\n<p>Anil Kumar has disputed this very statement then the whole story put <\/p>\n<p>forth by Ramphal (respondent No.1-accused) that Indresh Kumar had <\/p>\n<p>gone to the house of Anil Kumar and had fought with him and it was <\/p>\n<p><span class=\"hidden_text\">                                           9<\/span><\/p>\n<p>during   that   physical   altercation   that   Indresh   Kumar   got   injured, <\/p>\n<p>becomes a suspected story according to the Counsel. Unfortunately, <\/p>\n<p>the High Court has not adverted to this aspect at all.  <\/p>\n<p>8.     Shri   Navin   Chawla,   learned   counsel   then   produced   before   us <\/p>\n<p>the   original   certificate   by   which   Indresh   Kumar   was   referred   to   Dr. <\/p>\n<p>Kakkar and pointed out to us that in that certificate there is a clear cut <\/p>\n<p>overwriting and the words `LT&#8217; have been changed by writing `R&#8217; over <\/p>\n<p>the   letter   `L&#8217;.     Therefore,   the   original   words   suggesting   that   the <\/p>\n<p>fracture was on the left side left foot appears to have been changed <\/p>\n<p>by overwriting `R&#8217; on the letter `L&#8217;.  Dr. Kakkar who was examined as <\/p>\n<p>PW-6,  in  his  evidence  undoubtedly   relied  on  this  medical  certificate <\/p>\n<p>and was cross-examined on this aspect.  The following admissions in <\/p>\n<p>the evidence were noted:-\n<\/p>\n<\/p>\n<blockquote><p>              &#8220;There   is   overwriting   in   injury  No.1   regarding   the   foot   of <\/p>\n<p>              Indresh Kumar but I cannot say how it occurred.  I cannot <\/p>\n<p>              say whether that overwriting was done by me or someone <\/p>\n<p>              else but the same does not contain initials&#8221;.<\/p>\n<\/blockquote>\n<p>9.     The learned counsel for the appellant further argues, that while <\/p>\n<p>the High Court discussed this aspect of the transfer of fracture from <\/p>\n<p>right foot to left foot, the High Court has not bothered to look into the <\/p>\n<p><span class=\"hidden_text\">                                          10<\/span><\/p>\n<p>evidence.  We feel the High Court was bound to consider not only the <\/p>\n<p>overwriting   over   Exhibit   PD   but   was   also   bound   to   take   into <\/p>\n<p>consideration   the  evidence   of  Dr.  B.B.Kakkar   (PW-6).    There   is  not <\/p>\n<p>even   a   mention   of   all   these   things   in   the   High   Court&#8217;s   order. <\/p>\n<p>Therefore, the basis of the High Court&#8217;s order about the prosecution <\/p>\n<p>story  being  false in respect  of  the  injury  suffered  by Indresh Kumar <\/p>\n<p>(appellant herein) is shattered, at least prima facie.<\/p>\n<p>10.    The   Counsel   further   rightly   contends   that   the   High   Court   has <\/p>\n<p>also   not   considered   the   other   evidence   like   the   evidence   of   Raj <\/p>\n<p>Kumar,   DSP   who   specifically   deposed   regarding   the   documents   in <\/p>\n<p>the case before the Executive Magistrate and there is no mention in <\/p>\n<p>the whole order regarding the way in which and the reason for which <\/p>\n<p>the proceedings against Indresh Kumar were dropped.  It is also seen <\/p>\n<p>from   the   High   Court&#8217;s   order   that   on   this   subject,   the   evidence   of <\/p>\n<p>Jagbir Singh (PW-19), Assistant in the office of Inspector General of <\/p>\n<p>Police   Rohtak   has   also   not   been   taken   into   consideration   which   is <\/p>\n<p>rather   surprising.     The   High   Court   was   bound   to   consider   the <\/p>\n<p>correctness of the story given by the accused that Indresh Kumar and <\/p>\n<p>Anil Kumar were arrested at the house of Anil Kumar and the injury <\/p>\n<p>suffered by Indresh Kumar was due to physical altercation. <\/p>\n<p><span class=\"hidden_text\">                                         11<\/span><\/p>\n<p>11.    Not only was the evidence of Jaswant Singh (PW-20) totally left <\/p>\n<p>out of consideration which was very relevant to test the story of the <\/p>\n<p>appellant about the incident on 26.06.1992, the High Court has also <\/p>\n<p>not bothered to consider the evidence of Triloki Nath (PW-21),  who <\/p>\n<p>specifically spoke and proved the hand writing and signature of Anil <\/p>\n<p>Kumar   on   the   document   wherein   Anil   Kumar   had   specifically <\/p>\n<p>complained that he was picked up at 3 O&#8217;clock in the night.   He did <\/p>\n<p>not know as to why he was  arrested.   The whole  basis of the High <\/p>\n<p>Court&#8217;s   order   was   the   falsity   regarding   the   foot   on   which   Indresh <\/p>\n<p>Kumar   suffered   fracture   as   also   the   correctness   of   the   version   of <\/p>\n<p>Ramphal   (respondent   No.1-accused)   that   there   was   an   altercation <\/p>\n<p>between   Anil   Kumar   and   Indresh   Kumar   on   26.06.1992   and   in   that <\/p>\n<p>altercation, he suffered injuries.\n<\/p>\n<\/p>\n<p>12.    Once   it   is   found   that   the   High   Court   has   not   taken   into <\/p>\n<p>consideration   any   of   these   vital   pieces   of   evidence,   it   becomes <\/p>\n<p>difficult to uphold the order of the High Court.   This is apart from the <\/p>\n<p>fact that the High Court has not uttered one word about the criminal <\/p>\n<p>revision   which   was   filed   by   Indresh   Kumar   against   the   other   six-<\/p>\n<p>accused   persons   also   vide   Criminal   Revision   No.   1018   of   2001, <\/p>\n<p>except dismissing the same.\n<\/p>\n<p>\n<span class=\"hidden_text\">                                           12<\/span><\/p>\n<p>13.    However,   Shri   Chawla   stated   that   it   was   not   possible   for   the <\/p>\n<p>High   Court   to   convert   the   acquittal   against   Ramphal   (respondent <\/p>\n<p>No.1-accused)   in   a   criminal   revision.     He,   therefore,   did   not   pursue <\/p>\n<p>the   matter   against   the   six   accused   persons   who   were   acquitted   by <\/p>\n<p>the Trial Court and whose acquittal was challenged by the appellant <\/p>\n<p>in   a   criminal   revision   in   the   High   Court.     However,   the   High   Court <\/p>\n<p>ought to have given some reasons regarding the acquittal of those six <\/p>\n<p>persons before dismissing the criminal revision.  <\/p>\n<p>14.    Shri Sushil Kumar, learned Counsel for the respondents tried to <\/p>\n<p>support   the   acquittal   order   pointing   out   that   Ramphal   (respondent <\/p>\n<p>No.1-accused)   is   now   retired.     He   also   pointed   out   that   once   there <\/p>\n<p>was   an   acquittal   of   all   the   accused   from   the   charge   of   criminal <\/p>\n<p>conspiracy   then   there   would   be   no   question   of   proceeding   even <\/p>\n<p>against   the   present   accused   Ramphal.   The   contention   is   clearly <\/p>\n<p>incorrect   for   the   simple   reason   that   individual   role   of   Ramphal   is <\/p>\n<p>being highlighted by the prosecution and not his role as a conspirator. <\/p>\n<p>Therefore, even if the charge of conspiracy failed and, if the individual <\/p>\n<p>act   is   established,   the   accused   would   still   be   guilty.     It   was   also <\/p>\n<p>suggested that the possible view of acquittal was taken by High Court <\/p>\n<p>and, therefore, we should not interfere with the acquittal.  <\/p>\n<p><span class=\"hidden_text\">                                           13<\/span><\/p>\n<p>15.    We cannot come to the definite conclusion that the High Court <\/p>\n<p>has   taken   possible   view   as   the   High   Court   has   not   considered   the <\/p>\n<p>evidence   which   it   was   bound   to   consider.     In   that   view,   we   would <\/p>\n<p>remand   the   matter   back   to   the   High   Court   for   fresh   consideration. <\/p>\n<p>We,   however,   make   it   clear   that   since   the   learned   Counsel   for   the <\/p>\n<p>appellant   was   not   interested   in   proceeding   against   the   other   six <\/p>\n<p>accused   for   the   obvious   difficulties,   the   High   Court   will   do   well   in <\/p>\n<p>considering   only   the   case   against   accused   Ramphal   without   being <\/p>\n<p>influenced by any of our observations against the other  co-accused <\/p>\n<p>persons.  The High Court shall be free to consider the matter afresh. <\/p>\n<p>The appeals, therefore, succeed.  The judgment of the High Court is <\/p>\n<p>set aside in terms stated above.\n<\/p>\n<\/p>\n<p>                                                    &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.\n<\/p>\n<p>                                                    (V.S. Sirpurkar)<\/p>\n<p>                                                    &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..J.\n<\/p>\n<p>                                                    (Dr. Mukundakam Sharma)<\/p>\n<p>New Delhi,<\/p>\n<p>January 6, 2010.<\/p>\n<pre>\n\n\n<span class=\"hidden_text\">                                   14<\/span>\n\n\n\n\n\n                              Digital Performa\n\n\n1.    Case No.                :     Criminal Appeal Nos. 125-126 of 2003\n\n\n2.    Cause title             :     Indresh Kumar\n\n                                          Versus\n\n                                    Ram Phal &amp; Ors.\n\n\n3.    Judgment heard by       :     Hon'ble Mr. Justice V.S. Sirpurkar     \n\n                                    Hon'ble Dr. Justice Mukundakam Sharma\n\n\n4.    Judgment reserved by    :     Hon'ble Mr. Justice V.S. Sirpurkar\n\n\n5.    Date of C.A.V.          :     24.11.2009\n\n\n6.    Date of pronouncement of\n\n      Judgment                :     06.01.2010 (Wednesday)\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court of India Indresh Kumar vs Ram Phal &amp; Ors on 6 January, 2010 Bench: V.S. Sirpurkar, Mukundakam Sharma 1 &#8220;Reportable&#8221; IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 125-126 OF 2003 Indresh Kumar &#8230;. Appellant Versus Ram Phal &amp; Ors. &#8230;&#8230;Respondents J U D G M E N T [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-172562","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Indresh Kumar vs Ram Phal &amp; Ors on 6 January, 2010 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/indresh-kumar-vs-ram-phal-ors-on-6-january-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Indresh Kumar vs Ram Phal &amp; 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