AJIT@BHURE Vs. STATE

JUDGEMENT

(1.) THE case of the prosecution is that on January 11, 2009 a quarrel took place between accused Ajit @ Bhure and the deceased Rishi at which Rishi suffered two simple incised wounds on the index and middle finger of his right hand. Next day on January 12, 2009 at around 6:30 PM the deceased Rishi along with Mukesh @ Mukki (PW -1) went to Ajit 's house at 31/341, Trilok Puri because Ajit 's parents had called Rishi to their house (probably to mediate and sort out the issue) and while Rishi was talking to parents of Ajit, co -accused Ravi, Ajit @ Bhure, Ajit 's brother Kalu (proclaimed offender) and another person (whose identity could not be established) suddenly came to the house. Ajit was having a knife and exhorted the other three to catch hold of Rishi. As the three caught Rishi, Bhure inflicted knife blows on Rishi and then the four dragged Rishi on the road and threw him at the corner thereof and fled.

(2.) TO prove its case the prosecution examined Mukesh PW -1, Sheesh Pal PW -3 (brother of Rishi Pal) and Ram Dulare PW -12 (father of Rishi), who claimed to be eye witnesses and whose testimony has been believed by the learned Trial Judge resulting in the two appellants : Ajit and Ravi Kumar being convicted for having murdered Rishi. The decision is dated May 17, 2010. Aid of Section 34 of the Indian Penal Code has been taken. Vide order on sentence dated May 22, 2010, the two have been sentenced to undergo imprisonment for life and pay fine in sum of Rs.1,000/ -; in default to undergo simple imprisonment for six months.

(3.) IT is apparent that arguments in the appeal centred around the testimony and the conduct of PW -1, PW -3 and PW -12, the friend, brother and father respectively of the deceased.