JEET SINGH Vs. STATE

JUDGEMENT

(1.) Jeet Singh @ Jeetu and Kalu @ Neeraj both sons of Chattarsen have been convicted for the offence of murder of Deewan, on the strength of testimony of Chet Ram PW-6 the brother of the deceased vide the impugned judgment dated April 29, 2014 and directed to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each vide order dated May 07, 2014.

(2.) Learned counsel for the appellants contends that the presence of Chet Ram at the spot when the incident took place has not been proved as PW-4 Raghunath who informed the police does not depose about the presence of Chet Ram. There are contradictions in the version of Raghunath and Chet Ram as Raghunath says that an old person was present but Chet Ram does not say about the presence of an old person at the spot. The conduct of Chet Ram is unnatural. He did not inform his family members immediately after the incident. No MLC of Chet Ram has been produced on record. No mechanical inspection of the motorcycle was got carried out to prove that the genesis of the occurrence which was due to Deevan and Chet Ram falling down with the motorcycle on the Maruti Car hitting the motorcycle. Further the genesis of occurrence is also not proved from the post-mortem report of the deceased as no injury was attributed to fall by the doctor. The FIR registered was clearly an afterthought as Chet Ram gave a written complaint to the police officer. No attempt was made to get identified the other two persons who were allegedly present with Jeetu and Kalu. There are contradictions in the version of the witnesses as to from where the recoveries were made. Despite the photograph showing a jacket lying at the spot, seizure memo Ex.PW-10/B shows the recovery of upper track shirt. Though Chet Ram claims that his clothes were blood stained however, as per SI Ajay Singh Negi PW-12 and Inspector Satish Kumar PW-19, there was no blood on the clothes of Chet Ram when they met him in the hospital. Chet Ram deposed that he and his brother left for the work after having lunch but the stomach of the deceased was found containing 30 CC mucoid material only. The name of Chet Ram does not find mention in the MLC. The Maruti car allegedly involved in the accident has not been recovered. As per the FSL report no blood was found on the track shoe, track pant and on the knife allegedly used in the crime. Hence the appellants be acquitted.

(3.) The defence of Jeetu is of false implication and in his explanation under Section 313 Cr.P.C he stated: