BALESHWAR DASS Vs. STATE

JUDGEMENT

(1.) Akhilesh Kumar Mehta and Baleshwar Dass have been held guilty for the offence of having murdered Satish.

(2.) The incriminating evidence leading to the finding of guilt against the two co-accused is : (i) the deceased and the accused were known to each other; (ii) accused Baleshwar Dass and deceased had stolen computer parts and Balewshar Dass was not sharing the gains and that Akhilesh Kumar Mehta had purchased a stolen television from the deceased and had not made full payment despite demands; (iii) the deceased was last seen alive in the company of the accused when the three were quarrelling on May 20, 1998; (iv) Sharda PW-3 had seen the string/rope Ex.P-1 in the hand of Akhilesh Kumar Mehta in the evening of May 20, 1998 which rope was found tied around the neck of the deceased; (v) Akhilesh Kumar Mehta had made an extra-judicial confession to Raj Kumar Gupta PW-4 confessing that he and Baleshwar Dass had murdered Satish; and (vi) pocket diary Ex.PW- 23/A of Akhilesh Kumar Mehta was found lying near the dead body.

(3.) Circumstances No.1 and 3 i.e. the accused and the deceased were known to each other and the three were last seen alive quarrelling with each other on May 20, 1998 has been held proved by the learned Trial Judge with respect to the testimony of Vijay PW-2 and Sharda PW-3. Her testimony of having seen Ex.P-1 in the hand of Akhilesh Kumar Mehta which string/rope was found tied around the neck of the deceased is the basis of proof of incriminating circumstance No.(iv).