AMAR @ BHALLA Vs. STATE

JUDGEMENT

(1.) Crl.M.B.No.10328/2014

(2.) Charged with the offence of having murdered Chetan Pal @ Anu and for the offence of having attempted to murder Rajesh Sharma, Tulsi and Kishan, vide impugned decision dated March 29, 2014, the learned Trial Judge has convicted appellant : Amar @ Bhalla for both the indictments; holding that the prosecution has successfully established that he along with co-accused Sonu (also convicted) and juvenile accused 'I' (sent for trial before the Juvenile Justice Board) as also one Mohammad (who was not arrested), murdered Chetan Pal and attempted to murder Rajesh Sharma, Tulsi and Kishan. Vide order on sentence dated March 31, 2014, for the offence of murder, the appellant has been sentenced to undergo imprisonment for life and pay fine in sum of Rs. 10,000/- and in default to undergo simple imprisonment for one year. For the offence of having attempted to murder Rajesh Sharma, Tulsi and Kishan, the appellant has been sentenced to undergo rigorous imprisonment for seven years and pay fine in sum of Rs. 5,000/-, in default to undergo simple imprisonment for six months.

(3.) In returning the verdict of guilt the learned Trial Judge has believed the testimonies of Tulsi Kumar PW-1, Rajesh Sharma PW-5, Amar Singh Bhandari PW-7, Manish PW-8, Kishan PW-9, Pankaj PW-11, Sumit PW-12 and Sunil Singh Rana PW-15; and we wonder as to why the learned Trial Judge has not made a mention to the testimony of Ajay Kumar Rajput PW- 13, an injured eye witness and Satish Kumar PW-14, another witness of the prosecution.