STATE Vs. SALIM KABARI ALIAS SANTOSH KUMAR

JUDGEMENT

(1.) This judgment will dispose of a petition by which the State seeks leave to appeal against the judgment of the learned ASJ dated 9.12.2010 in SC No.93/2009 by which the respondent was acquitted of the charge of having committed an offence punishable under Section 302 IPC.

(2.) The prosecution story is that on 16/17.8.2009, a daily diary (DD) entry was received at Police Post Sangatrashan stating that two injured persons were lying under the "Pul" (bridge) NDLS, Pahar Ganj. It was further alleged that two police personnel reached the spot and were informed that the injured had been taken to the Hospital. The police personnel went to Lady Harding Medical College (LHMC) and secured the MLC of an unknown person. The MLC (pertains to one injured Ramesh) contained an endorsement that he had been attacked by Salim Kabari. The endorsement was written by the doctor, allegedly, at the behest of the patient, i.e., Ramesh. There was no eye witness to the incident. The prosecution further alleged that subsequently an eye witness Rajender Kumar Jaiswal was found; he claimed to be residing at Ranjit Nagar and was doing kabari work. He stated that the incident occurred on 16.08.2009 at 10:00 PM when he was present in his shop. He witnessed the respondent quarreling with one Vinod @ Lambu and Ramjane (i.e. Ramesh Sharma). The said Rajender Kumar Jaiswal, PW-21, further stated that the respondent did kabari work in the day time and also engaged in loading and unloading, and putting kabaar on the vehicle in the evening time. He claimed to know the injured Lambu and Ramjane. He claimed to have witnessed the incident whereby the respondent was quarreling with Lambu and Ramjane; Rajender Kumar Jaiswal stated before the police that he tried to intervene after reaching the chowk. Apparently, he was unsuccessful, because, according to him, Salim had given the knife blow to both, i.e., Lambu and Ramjane. They both fell down and were profusely bleeding from the stomach. This statement formed the basis of the intimation which ultimately culminated in the lodging of the FIR in the present case later on 17.08.2009.

(3.) The statement of PW-21 also formed the basis of the respondent's arrest, and subsequent investigation, during which the statements of several others including PW-5 & PW-8 - who are police personnel, as well as PW-22, were recorded. PW-6, the wife of the deceased Ramesh Sharma also joined the investigation. The injured, Ramesh Sharma and Vinod @ Lamboo, had, in the meanwhile, died.