ASHOK KUMAR ALIAS BUDDHA Vs. STATE

JUDGEMENT

(1.) Lest there be any confusion, we may note that the appellant is named Ashok Kumar. There is another Ashok Kumar who has appeared as PW-2. Thus, we would be referring to the appellant not by his name Ashok Kumar but as accused No.1. We would be referring to the witness Ashok Kumar as Ashok Kumar PW-2.

(2.) As per the prosecution, accused No.1 and his juvenile co-accused Rajan waylaid Gautam near the Eastern End of Railway Station Badli. The intention was to rob him. When Gautam resisted, accused No.1 caught him and co- accused Rajan stabbed Gautam. They removed some money from Gautam's pocket and fled. Unknown to them, Ashok Kumar PW-2 had watched the incident.

(3.) It is the case of the prosecution that Rajan was apprehended at the instance of Ashok Kumar PW-2 who used to see Rajan loitering around at the railway station. Ashok Kumar PW-2 lives in Samaipur Badli itself and either works or runs a shop in Samaipur Badli.