STATE Vs. RAM KUMAR

JUDGEMENT

(1.) This appeal is directed against a judgment dated 19.10.1996 passed by the learned Additional Sessions Judge in case FIR No.139/94 P.S. Malviya Nagar whereby three accused (respondents herein) were acquitted of the charge for the offences punishable under Section 302/201/34 Indian Penal Code.

(2.) In brief, the prosecution case was that accused Ram Kumar was a friend of Jatinder (the deceased) as both of them were studying together in ITI Pusa. Fifteen/twenty days prior to the incident, accused Ram Kumar went to the house of Jatinder and made a grievance to his mother Smt. Vidya Devi(PW2) and father Risal Singh(PW3) that Jatinder was having illicit relations with his wife. The accused (Ram Kumar) threatened that if Jatinder did not desist from continuing with the relations, he would kill him.

(3.) On 16.03.1994, Jatinder went to the house of his sister Suresh Bala (PW1) and Surender Kaur (PW6) in Shahpur Jat. At about 4:45 pm, accused Ram Kumar went to the house of PWs 1 and 6 where Ram Parkash (PW4) and Ram Kumar (PW8) were also present. Ram Kumar took Jatinder along with him. According to the prosecution version, at about 8:00 PM Pradeep Kumar (PW9) saw all the three accused persons with Jatinder (the deceased). When Pradeep Kumar inquired from Jatinder (the deceased), he informed Pradeep Kumar that they(the accused) were his friends and that they were going to Sector 5, Pushp Vihar where the motorcycle of one of their friends had gone out of order.