JAGMENDER ALIAS HAPPY Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 15.10.2007 the appellant has been convicted for the offence of having murdered Gurmeet Singh on 4.6.2001 at the midnight at around 12:15. The learned Trial Judge has held that the prosecution has successfully established that at around 12:15 AM i.e. midnight of 4.6.2001, when the deceased along with his family members came out of Celebration Gardens at National Highway No. 8, the appellant suddenly put a pistol at the neck of the deceased and fire a shot.

(2.) In returning the finding of guilt, the learned Trial Judge has held that the ocular testimony of Amandeep PW-2 as per which Amandeep identified the appellant as the assassin of his father coupled with the fact that apart from Amandeep, Manmohan Singh PW-3 stated that the assailant was wearing a gray coloured T-shirt and the fact that a gray coloured T-shirt was recovered from hotel Love Palace, Paharganj at the instance of the accused on 10.7.2001 and at the TIP proceedings was successfully identified by Amandeep as the one which he saw his father's assassin wearing when he fired the shot, were sufficient evidence wherefrom guilt of the appellant could be inferred. Learned Trial Judge has also held that the appellant failing to give a satisfactory reason of his visiting Delhi and staying at a hotel and then abandoning the hotel wherefrom the packet of clothes belonging to the appellant were recovered was also an incriminating circumstance against the appellant.

(3.) We need not pen a very lengthy judgment for the reason, the learned Trial Judge has chosen to parrot the song of the prosecution and has ignored most vital evidence which we shall soon be noting.