RAM KISHORE AND ORS. Vs. STATE

JUDGEMENT

(1.) Ram Kishore and his son Raju have been convicted for causing the murder of Naresh under Ss. 302/34 IPC vide the impugned judgment dated August 24, 2000 and awarded life imprisonment vide the order on sentence dated August 25, 2000.

(2.) On May 21, 1994 at about 9.45 PM investigation was set into motion on receipt of an information recorded vide DD entry No. 16A regarding a quarrel at A -6/8 near Raghunath Mandir, Indra Colony, Krishna Nagar. When ASI Ombir Singh reached the spot along with Ct.Manveer Singh he came to know that a quarrel had taken place amongst Naresh, Vinod, Ram Kishore, Raju and one S, son of Ram Kishore, a juvenile in which Naresh received injuries and had been removed to Swami Dayanand Hospital (SDN Hospital). On reaching the hospital, doctor declared Naresh to be unfit for statement and thus statement of Vinod, brother of Naresh was recorded vide Ex.PW1/B.

(3.) Vinod stated that he was residing at A8/103, Indra Colony, Krishna Nagar along with his family and working in Escorts. His brother Rajesh who was residing in Nand Nagri had come to their house and was talking to their maternal uncle's daughter Anju in the Gali when Ram Kishore who was under the influence of liquor asked him as to why he was talking to the girl and started abusing him. His brother Rajesh told Ram Kishore that Anju was his sister and Ram Kishore had no business to intervene in the matter. On this an altercation took place, whereafter his brother went to Nand Nagri. After some time, Ram Kishore came to their house and started abusing them. Some neighbours intervened and sent him to his house. Around 9.30 PM his brother Naresh and his mother were standing in the gali when Ram Kishore and his sons Raju and S came. S was armed with an iron rod. Ram Kishore started abusing him and exhorted his sons to beat them as they were competing with them. On this Raju caught hold of his brother Naresh and S gave a Saria (iron rod) blow on his head. Naresh fell down unconscious. He made a call to the police and ran to save himself. Thereafter PCR came and took his brother, him and his mother to SDN Hospital.