LAWS(DLH)-2013-7-323

RAJU JAMADAR Vs. STATE

Decided On July 22, 2013
Raju Jamadar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE three appellants, Raju Swami @ Raju Madrasi, Raju Jamadar and Kamal Kishore @ Kamo stand convicted for having committed an offence punishable under Section 302/34 IPC along with co-accused Gaya Prasad.

(2.) AS recorded in the order dated July 23, 2012 passed in Crl.A.No.177/2000 filed by Gaya Prasad, said appeal stood abated on account of death of Gaya Prasad.

(3.) INSPECTOR Ram Janam Singh PW-20A, working in P.S.Welcome, was handed over the Daily Diary entry recorded by the Duty Officer at around 9.53 AM on October 05, 1990 as per which it was recorded that a fight was taking place in the Janta Flats at 'G' Block, Seelampur. As deposed to by Inspector Ram Janam Singh, on reaching the place of the incident he learnt that a victim had been removed to GTB Hospital. He reached the hospital and found that a person named Khalid had been brought to the casualty of the hospital at 10.15 AM by one Gurjeet Singh @ Lovely PW-18, where he was declared brought dead by Dr.Raman Tyagi. Anjum PW-3 was brought at the casualty of the hospital by Ct.Satpal at 11.15 AM and claimed to be an eye witness. Accordingly, he i.e. Inspector Ram Janam Singh recorded Anjum's statement Ex.PW-3/A and made an endorsement, Ex.PW-20A/A at 12.45 noon, and despatched the rukka through Ct.Samay Singh who was accompanying him for FIR to be registered. On receipt of the rukka from Ct.Samay Singh , SI Purnima Singh PW-2 registered FIR No.187/1990, Ex.PW-2/A, at 1.00 PM.