RAJU JAMADAR Vs. STATE

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. 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.

(2.) ACCORDINGLY , the above captioned three appeals are being decided.

(3.) IN the statement Ex. PW -3/A, Anjum stated that he was residing at H. No. C -112 (illegible due to paper being torn as record is old) Seelampur and at 9.30 AM in the company of his friend Asif he was present at the hotel of Aslam. His friend Khalid came with a Sikh boy named Gurjeet Singh and told him that in the morning a boy had beaten Gurjeet in Janta Colony and requested him to counsel the said boy, at that, accompanied by Asif, Khalid and Gurjeet he proceeded towards Janta Colony. They reached the colony at 9.45 AM but did not find the boy. As they were returning, 3/4 boys armed with a lathi and a knife attacked them from behind. As he looked back he saw Raju Madrasi with a knife in hand and Gaya Prasad, Kamo and Raju Jamadar with lathies in their hands. He knew them from before. Gaya and Kamo caught hold of Khalid and Raju Madrasi stabbed Khalid in the chest, armpit and back. Raju Jamadar hit him on his leg. He and Khalid fell down and after assaulting them the assailants fled. Gurjeet took Khalid to the hospital but he died on the way. Asif ran and summoned the police.