NEERAJ KUMAR Vs. STATE

JUDGEMENT

(1.) The appellants appeal against a judgment and order of the learned Additional Sessions Judge, dated 2-12-2009 in SC No. 41/01 whereby they were convicted of the offences punishable under Sections 302/34 IPC and sentenced to undergo imprisonment for life, with other sentences.

(2.) The case of the prosecution is that on 08.10.2001 at about 07:30 PM, DD No. 26 was recorded regarding information received from HC Jagdish about a stabbing incident at Shahabad Kankarkhera. Again DD No.29 was recorded regarding admission of one Vijender to Bhagawan Mahavir Hospital with the history of stabbing. Thereafter at about 08:15 PM DD No.32 was recorded on receipt of the information from Bhagwan Mahavir Hospital regarding death of injured Vijender. On receipt of this, SI Umed Singh (PW-17) with Ct. Bhim Singh (PW-6) went to the hospital and collected the MLC of deceased Vijender. PW-17 Umed Singh recorded the statement of the brother of the deceased, Ravinder Singh (PW-1), whom he met at the hospital. According to PW-1, in the morning a quarrel had taken place between the deceased, Ravi, Soni, Bonny and Amar Singh. It was resolved then due to intervention of some people around. Ravi had threatened the deceased at that time. In the evening when PW-1 and his brother, Shailender were going towards Kankarkhera drain, to ease themselves, they heard cries for help; they both rushed to the spot and saw that Vicky and Neeraj had caught hold of Vijender and Ravi was stabbing him with a knife; Soni was shouting "maro saale ko isme bahut akad hai". PW-1 further stated that he and PW-3 managed to overpower Neeraj and Vicky, however Ravi and Soni managed to escape.

(3.) On the basis of PW-1s statement, a rukka (Ex.PW-17/A) was prepared and FIR No. 378 of 2001 was registered with PS Bawana. The investigation was handed over to the SHO. The SHO got the spot photographed and on the pointing out of PW-1 got the site plan prepared. The blood stained earth and earth control were seized. The SHO interrogated the accused Neeraj and Vicky and recorded their disclosure statements; the accused were arrested on 09.10.2001 at about 05:30AM by arrest memos Ex.PW-17/C and Ex.PW-17/B. Ravi and Soni were arrested subsequently, the next day. The police conducted the investigation, after which, on the basis of the report, the accused were charged with committing the offences punishable under Sections 302/34 IPC. They denied guilt, and claimed trial. The prosecution in support of its case examined 19 witnesses and relied on several exhibits such as post mortem report, FSL report etc. The defense also examined two witnesses. After considering all these and the submissions of the parties, the Trial Court held the appellants guilty.