VICKY KUMAR Vs. STATE

JUDGEMENT

(1.) VIKKI Kumar S/o Ashok Kumar (A-1), Sunny (A-2) and Vikki S/o Prem Pal (A-3) have directed the appeals against the judgment dated 08.03.2011 and order on sentence dated 07.04.2011 in Sessions Case No.110/06/10 of learned Additional Sessions Judge by which they were held responsible for committing Pradeep's murder and sentenced to undergo imprisonment for life with fine.

(2.) ON 21.10.2005, at about 21.46 hours Daily Diary No.34A was recorded at Police Station Mayur Vihar to the effect that a quarrel was going on between 'two groups' in front of Baraat Ghar 35/109, Trilok Puri. The investigation was assigned to SI Onkar Singh who with HC Prabhat Singh went to the spot and came to know that the injured had already been shifted to Lal Bahadur Shastri (LBS) Hospital by PCR. He went to the hospital and collected Pradeep's MLC who was unfit to make statement. Adeesh Kumar, Pradeep's brother met him in the hospital and made statement (Ex.PW-7/A). The Investigating Officer recorded 'rukka' and lodged First Information Report under Section 307 IPC. Adeesh disclosed that at about 09.00 P.M., when he was present near Ashoki Hotel, A-1 and A-3 picked up a quarrel with him. On hearing commotion, his brother Pradeep reached there at about 09.15 P.M. A-2 with one Vikas (since acquitted) also arrived there. A-2 had a churi. On the exhortation of A-1, A-2 inflicted churi blow on Pradeep's head, while A-3 and Vikas caught hold of him. A-1 also inflicted two or three knife blows on his forehead and back. The assailants fled the spot. He with Ajay brought Pradeep to LBS Hospital.

(3.) AFTER appreciating the evidence and documents on record and considering rival contentions of the parties, the Trial Court acquitted Vikas and convicted A-1 to A-3 for committing offence under Section 302/34 IPC. Being aggrieved, A-1 to A-3 have preferred the appeals. We note that State has not filed appeal challenging Vikas's acquittal.