SUNIL Vs. STATE

JUDGEMENT

(1.) SUNIL @ Babu and Vinod @ Vinodi have been convicted for the offence of murder of Jitender vide impugned judgment dated March 26, 2014 and directed to undergo imprisonment for life.

(2.) LEARNED counsels for the appellants assail the judgment on the ground that the presence of the alleged eye witness Vikas Chauhan at the place of incident is highly doubtful. Though he claims that he had taken the deceased to the hospital however, the MLC does not note his name. Even Mohd.Jalal PW -6 who had taken the deceased to the hospital and made a PCR call does not state about the presence of Vikas Chauhan. The claim of Vikas Chauhan that he was a very good friend and a relative of the deceased is also not borne out from the record. SI Sewa Singh PW -12 who first of all reached the spot and the hospital stated that there was no eye witness in the hospital. The knife allegedly recovered is not connected with the offence committed because as per the FSL report no blood was detected on it. The alleged motive to commit the offence is also flimsy. Despite the area being thickly populated no public person was examined. Mohd.Jalal PW -6 who actually took the deceased to the hospital and was the deceased's worker does not support the prosecution case that he witnessed the incident. In the absence of reliable and cogent evidence, the conviction of the appellants for the offence of murder of Jitender is bad in law and be set aside. Reliance is placed on the decisions reported as : 2001 (3) SCC 147 The State of Rajasthan vs. Shri Teja Singh & Ors., : 2012 III AD (Delhi) 154 Johnson vs. State and : 2012 (4) JCC 2777 Maheshwari Prashad & Anr. vs. State.

(3.) SI Sewa Singh PW -12 reached the spot where he saw blood and one pair of black colour chappal smeared with blood lying in the gali opposite K1/19. He did not find any eye witness and came to know that the injured was taken to BJRM Hospital. He reached the hospital and collected the MLC of injured who was declared brought dead. In the meantime, SHO Inspector Yashpal Singh had also arrived, who recorded the statement of Vikas Chauhan who claimed himself to be the eye -witness vide Ex.PW -13/A on the basis of which FIR No. 137/2011 was registered.