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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1875 OF 2009 [arising out of SLP(CRL.) No. 5337 of 2007]

       LAKHI RAM ..... APPELLANT

VERSUS

       LEELA & ORS. ..... RESPONDENTS

O R D E R

Leave granted.

We have heard the learned counsel for the parties.

On  their  consent,  we  set  aside  the  order  of  the  

Sessions Judge as also of the High Court on the question as  

to whether the premise that had been set on fire was an  

integral part of the residential complex, as it appears  

that the two courts below have taken a very hyper-technical  

view as to what constitutes such a structure.  We are also  

inclined to give liberty to the parties herein to raise  

this plea once again in the trial court or at any stage, if  

required.

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We also clarify that the trial court will not be  

influenced by the observations made by the Sessions Court  

or by the High Court or by this Court in these proceedings.  

The  appeal  is  disposed  of  with  the  above  

observations.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [DR. B.S. CHAUHAN]

NEW DELHI OCTOBER 05, 2009.

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