RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) RAJESH Kumar, his father Ramesh Kumar and Vadiwel, a bosom pal of Rajesh have been convicted for having murdered Jagdish S/o Mangal Chand on April 29, 2010 at around 11:45 PM. The judgment is dated October 07, 2011. Vide order on sentence dated October 11, 2011 the three have been sentenced to undergo life imprisonment and pay fine in sum of Rs. 5,000/ -, in default of payment of fine to undergo rigorous imprisonment for six months. One Ambu @ Ammu was declared a proclaimed offender. The verdict of guilt is based upon a motive being proved : accused Rajesh and Ramesh bearing a grudge against Jagdish who used to trouble Rajesh's sister Sangeeta The learned Trial Judge has believed the testimony of Kamaal PW - 3, Dilip Kumar PW -19 and Sushil Kumar PW -21. From the call record details Ex.PW -28/B and Ex.PW -28/F the learned Trial Judge has found corroboration to the testimony of Dilip Kumar PW -19.

(2.) LEARNED counsel for the three accused have urged at the hearing today that truth has emerged from the testimony of Kamaal PW -3 and that the contours of the incident have been graphically narrated by Kamaal. Learned counsel argued that the material improvements in the deposition of Dilip Kumar PW -19 who was an interested witnesses has been overlooked by the learned Trial Judge.

(3.) OM Prakash the brother of Kamaal PW -3 runs a PCO Booth from a room on the ground floor of House No. A -309, Shakurpur, J.J.Colony, and as deposed to by him i.e. Kamaal he was manning the PCO Booth and at around 11:30 PM saw Rajesh in the company of Ammu and Vadiwel. They started beating Jagdish inflicting kicks and fists. Ramesh was instigating them to kick and beat Jagdish. While being beaten Jagdish made a telephone call from his mobile phone and he heard him say 'bhai mujhe aakar bacha le, mujhe gali ke bahar maar rahe hain'. The accused snatched Rajesh's mobile phone and broke it by throwing it on the road. Jagdish ran towards Sushil's house to save himself and at that time he saw him bleeding from the nose. Vadiwel apprehended Jagdish at some distance. Ramesh exorted 'khinch ke la sale ko, yahan par la, yahan marenge'. Rajesh, Vadiwel and Ammu brought Jagdish back to the corner of the street in front of his shop and started beating him again and while beating Rajesh said 'sale tu phir meri bahan ko phone karega'. Jagdish said 'mene nahin kiya bhai'. Despite that Rajesh picked up a stone which was lying outside the street and hit on the head and face of Jagdish. In the meanwhile Mohan arrived in his TSR. Jagdish became unconscious. Mohan went to the house of Jagdish and returned with Dilip and Sushil. Rajesh said 'le jao isko, is saale ka kaam tamam ho chukka hai'. They took Jagdish in an auto to the hospital. Wife of Sushil made a call to the police. Jagdish was having affair with Sangeeta, sister of Rajesh and he knew of said fact because Sangeeta used to call Jagdish from his STD booth. Even after marriage Sangeeta used to call Jagdish from his STD booth.