STATE Vs. JAI PRAKASH

JUDGEMENT

(1.) By this petition, the State seeks leave to appeal against a judgment and order of the learned Addl. Sessions Judge dated 31.07.2009 in S.C. 40/2002.

(2.) The prosecution story was that the respondents (hereafter referred to as "the accused") were guilty of having committed the offences punishable under Sections 302 and 307 IPC read with 397/455/34 IPC and Sections 25 and 27 of the Arms Act. It was alleged that on 08.01.2002, somewhere between 11.00 am and 01.15 pm, the accused, in furtherance of common intention, killed Satpal in the premises C-91 MMTC Colony, Police Station Malviya Nagar. It is also alleged that the accused intentionally injured Smt. Maya Devi, PW-25 with the intention of killing her.

(3.) PW-5, whose statement was recorded at 04:15 PM on 08.01.2002, stated that she was living with her husband; the latter used to work as Section Officer in MMTC. She was alone in the house when, at 11:00 AM, the door bell rang. She did not open the door and enquired as to who was at the door, when those outside, asked if it was the house of Suresh Chand. PW-5 allegedly opened the door slightly and saw the respondent Jai Prakash, whom she knew faintly and another boy, aged 22/23 years. They forced their entry into the house, took her to a room and started enquiring about Kamala. PW-5 stated that Kamala and Jai Prakash had illicit relations for several years but of late, they were not on cordial terms and Kamala was residing with her mother after leaving him, the accused Jai Prakash. Kamala was PW-5's childhood friend. Jai Prakash had left his wife and wanted to keep Kamala with him at any cost. It was alleged that Jai Prakash pressed PW-5 to call Kamala, which she declined. In the meanwhile, the other accused bolted all the doors and windows of the premises, drew the curtains, put his hand on her mouth and took-out a pistol. Jai Prakash also allegedly took-out a knife/chura like weapon and threatened her (PW-5) that he would not spare her or Kamala, and inflicted an injury upon her abdomen.