VINOD KUMAR VAIDH Vs. STATE

JUDGEMENT

(1.) Vinod Kumar aged 23 years, Suresh Kumar aged 21 years and Sushil Kumar @ Dabli aged 22 years, have been covicted of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code for having committed the murder of one Raj Kumar aged 26 years vide judgement dated January 6, 1988 and vide order of the even date have been sentenced to undergo life imprisonment and to pay a fine of Rs. 500.00 each and in default to further undergo simple imprisonment for two months each. They have filed these appeals challenging their conviction and sentences.

(2.) In Lajpat Nagar area there are some hillocks and on one of the hillocks Sant Ksbir Ashram is located and in that Ashram there is installed an idol of Sant Kabir on the western side and opposite to it a temple of Shiva is located. On the western and soutnern sides of the Ashram on the slopes, cluster of huts have come up wherein people from law strata of life are residing. Some distance away from the said Ashram on the slope towards the southern side in one of the huts bearing No. 61, Ram Chander Public Witness 7 alongwith his family members had been residing whereas his son Raj Kurnar (since deceased), who was of 26 years of age at the relevant time, was residing in the adjacent hut No. 60 with his' family. Appellant-Suresh alongwith his family members including his mother Santro and sister Sharda were residing in hut No. 59 located opposite to the hut of Ram Chander.

(3.) At 9.55 P.M. on July 1, 1986, Santro came to the Police Station Lajpat Nagar and lodged a report which was recorded in Daily Diary No,9A, copy of which is Ex. Public Witness 1/Da, in which she alleged that at 9.30 PM when her daughter Sarda aged about 15 years was returning from the temple and was in the lane that Raj Kumar and Babu resident of Sitaram Bazar alongwith two more 'persons had given beating to her daughter and she was struck with something on her right temple which led to a bleeding wound and as soon as her husband's brother Banwari intervened he was also given injuries. Copy of this report was handed over to ShriBhagan Singh, police officer, for inquiry and report.