RAJU KUMAR AND ANR. Vs. STATE

JUDGEMENT

(1.) Appellant No.1 Raju Kumar and his father appellant No.2 Krishan Govind have been convicted for the murder of Ram Niwas Shukla and for causing injuries to Shashi Shukla vide the impugned judgment dated July 20, 2000 and awarded imprisonment for life and a fine of Rs.2000/ - for offence punishable under Section 302/34 IPC and rigorous imprisonment for six months for offence punishable under Section 324/34 IPC. The prosecution case rests on the testimony of Shashi Shukla PW -7, the wife of deceased Ram Niwas Shukla, who was also injured in the incident.

(2.) The investigation was set into motion on September 08, 1996 when a wireless information was received at 8.05 PM recorded vide DD No.20 at Police post Ganvri PS Bhajanpura. When Constable Ridku Singh reached the spot at K -21/46 C, Gautam Vihar Chowk he was informed that the injured had been removed to GTB hospital. On reaching the hospital he found Ram Niwas, who was declared unfit to make statement whereas his wife Shashi Kala was declared fit to make statement. Statement of Shashi was recorded vide Ex.PW -7/A on the basis of which rukka was sent for registration of FIR.

(3.) Shashi in her statement Ex.PW -7/A stated that she was residing as a tenant at H.No.K -21/46 C, Gautam Vihar Chowk. Her husband was supplying newspapers and selling lottery tickets. On September 07, 1996 at around 7.00 AM she had a quarrel with another tenant i.e. the mother of Raju on spilling the water in the gallery. Shashi had asked Raju's mother not to spill the water due to which her children fell, however Raju's mother did not clean the water and thus they had a verbal altercation which got settled there itself. On September 08, 1996 at around 7.30 PM when her husband was having dinner after coming from work Raju, his father Ashok Thakur and his younger brother came and called her husband out. Her husband stated that he was having the dinner and will talk to them later. On this Ashok Thakur abused him that he fought with chacha -chachi and they would teach him a lesson. Ashok Thakur attacked her husband with a knife and the other three i.e. Raju, Krishan Govind and the third person caught hold of her husband. When Shashi intervened and tried to save her husband they stabbed her as well. She stated that her husband received two stab wounds on the left side of the chest, one stab wound on the right side of the abdomen and she received injuries on her shoulder, arm and back. They raised alarm when people gathered and all the four assailants ran away from spot. She and her husband were admitted at GTB hospital by her brother -in - law Raju Shukla.