JITENDER KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 28.2.2011 convicting the appellant for the offence punishable under Section 302, IPC (Sessions Case No.145/2009), sentencing him to undergo life imprisonment with fine. THE appeal was heard since the Appellant has been in jail for over 7 years.

(2.) THE prosecution in this case alleged that information was received at PS Patel Nagar at around 09.30 AM on 09.04.2004 regarding a stabbing incident at T-497, Prem Nagar Near Goushala Road. This was recorded in the form of DD No.3A. It is the prosecutions case that three police personnel went to the spot and found blood in the staircase of House No.2132/C7, Gali No.3, Prem Nagar Near Goushala Road. THEy were informed that the injured had been rushed for medical aid; they went to Janaki Das Hospital. S.I. Jagdish Prasad claims that he left Constable Jagbir at the spot and rushed to the hospital along with ASI Sudesh Pal. THEy managed to get the MLC of the victim prepared, which recorded that the injured was brought dead. THE MLC is a part of the record, marked as Ex.PW-5/A; a look at it would reveal that the injured was taken to the hospital at 10.00 AM. THE prosecutions further case is that the statement of PW-1, the complainant, was recorded in the hospital; around 11 AM. THE rukka, Ex.PW-1/A, was prepared at 11.30 AM and sent for registering the FIR, which was done at 12.15 PM (Ex.PW-20/A).

(3.) LEARNED counsel urged that there were other discrepancies such as PW-1s claim that he (the appellant) was an employee, was unsupported by any documentary or objective evidence; similarly counsel claimed that PW-1 admitted that Raju (PW-2) had been involved previously in a murder case. It was also urged that the testimony of PW-2 further established that the Appellant was not arrested on 15.4.2004, but on 11.4.2004 as was claimed by him in the trial. The testimony of PW-1 also establishes that more than 150 people were there in the spot. Serious objection was taken to the prosecutions inability to produce and rely on the deposition of Vandana, PW-1s daughter.