VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) VIJAY aged 23 and Ramesh aged 22, the appellants herein along with Vishnu and Kashmiri were tried in the court of Shri P.K. Bahri, Additional Sessions Judge, on the charge under Section 302 read with section 34 of the Indian Penal Code. The learned judge found the first two accused guilty of the offence charged with and sentenced each one of them to rigorous imprisonment for life, Vishnu and Kashmiri were acquitted. Against their conviction and sentence Vijay and Ramesh have come in appeal.

(2.) P .W. 14 Subhash Chandra along with his real brother Vinod, Vijay (accused) and one Sham Lal were carrying on business under the name and style of Poddar Fashion at 37/A Mukherjee Park. Ramesh, Vishnu and Kashiri Lal were employed in the said firm.

(3.) ON 15th June, 1980 there was a quarrel between Bhuvnesh Kumar, Ashok Kumar and Vinod. Vinod lodged report against Bhuvnesh, Ashok and another on which a case under Section 324 of the Indian Penal Code was registered and Bhuvnesh Kumar was arrested. On 17th June 1980 Bhuvnesh was released on bail and according to Bhuvnesh when he was bailed out all the accused with some other were present and Vijay had threatened that he would not spare Ashok.