JITENDER MAHAWAR Vs. STATE

JUDGEMENT

(1.) Holding appellant Jitender Mahawar @ Kalu @ Pawan guilty of the offence of having murdered Deepak Thapa, the learned Trial Judge has held that the testimony of Dinesh Kumar PW-1 establishes proof of the fact that Jitender and the juvenile co-accused 'K' were in the company of the deceased at around 12 mid-night at the place where five hours after the dead body was found, attracts the genre of law concerning last scene. A jacket got recovered by the appellant on which human blood of Group 'O', same group as that of the deceased was the next incriminating evidence found. The further incriminating evidence was the recovery of a mobile phone held proved by the learned Trial Judge as that of the deceased. Motive has been established by the learned Trial Judge through the testimony of Ms.Babli PW-20.

(2.) Information was received at PS Dhaula Kuan at 9.45A.M on December 14, 2010 that the dead body of a male was lying at Rao Tula Ram Marg flyover at its junction with Olof Palme Road.

(3.) SI Mandeep PW-25 to whom the matter was referred for investigation reached the spot and found the dead body of a male person from whose personal search Rs. 250/- was recovered. Near the dead body a SIM card of Idea Company was found. Two shirts, one orange and the other blue were also seen by him. A purse containing a voter ID card, two lighters, two gloves and one copper wire bundle were also seen lying near the dead body.