JITENDER KUMAR @ JITU MAHESH SHARMA Vs. STATE

JUDGEMENT

(1.) HOLDING that the recovery of the alleged weapon of offence, a knife, at the instance of the appellants and in particular Mahesh, did not inspire confidence for various reasons and ignoring the incriminating evidence qua said recovery, but believing the testimony of Mansoor Ahmad PW-3 and Dipti PW-10, both of whom claimed to be eye witnesses, the learned Trial Judge has convicted the appellants for the offence of having murdered Sachin Gupta @ Ashu in the evening of 8.5.2004 at Sauce N Spice restaurant near DDA Flats, Madangir. The refusal by the appellants to participate in the test identification proceedings has also been held to be an additional incriminating circumstance against the appellants.

(2.) SINCE arguments during appeal centered around the issue of credibility of the testimony of Mansoor Ahmad and Dipti, we shall be noting only such evidence as would be required to be looked into to determine whether Mansoor Ahmad and Dipti lack credibility or not.

(3.) AS deposed to by Dr.Sajid PW-1 and with reference to Ex.PW-1/A, containing the record of the medical treatment given to a boy brought at Kharbanda Medical Centre at 5:00 PM on 8.5.2004, by a girl who did not disclose her name but disclosed that of the boy as Ashu, the boy had stab injuries on his chest and after giving him preliminary and rudimentary treatment and being of the opinion that the boy needed better medical aid, Dr.Sajid referred the patient to AIIMS. On Ex.PW- 1/A it has been recorded that Ashu has been brought by an adult female who did not disclose her name and that the shirt with few cheques inside the pocket have been handed over to the girl and later on a vest and chappals have been deposited with the chowki in-charge of the police post nearby.