PAPPU KUMAR Vs. STATE

JUDGEMENT

(1.) Learned senior counsel appearing on behalf of the appellant concedes that there is no blemish worthy of being noted wherefrom Rajkumar PW-1 and Ramesh PW-2 can be discredited.

(2.) In that view of the matter suffice would it be to note that as per Raj Kumar and Ramesh they were related to each other. Raj Kumar was the elder brother Ramesh was the younger brother. They were owners of building bearing municipal number A-130, Hari Nagar II, Jaitpur Road, Badarpur, Delhi-44. The building had many rooms. One room was let out to Hem Raj and Mahesh Kumar. The two were paying rent to them in sum of Rs.250/- p.m.

(3.) In the intervening night of 6/7.01.1996, at around 2:30 AM i.e. in the middle of the night, shouts of 'Bachao- Bachao' awoke the two brothers. They heard sound of glass breaking. The sound was coming from the room taken on rent by Mahesh and Hem Raj. As they went out of their respective rooms, they saw that the light in the room occupied by Hem Raj and Mahesh was on. They knocked the door and the light went off. The door was opened. Appellant Pappu and Hem Raj were standing on the door. They enquired as to what the matter was but got no reply. They asked appellant and Hem Raj as to why had they put off the light. They received a reply that the bulb had got fused. When confronted with the question as to how come the bulb was burning a little while ago. The two switched on the light. Immediately, both i.e. appellant and Hem Raj attempted to flee. Raj Kumar and Ramesh saw Mahesh lying in a pool of blood. They ran after appellant and Hem Raj but could manage to apprehend the appellant. Hem Raj managed to run away and could never be caught.