VINEET @ GAPODI Vs. STATE

JUDGEMENT

(1.) Appellants Vineet @ Gapodi and Sajid @ Shambhu have been convicted for the offence of having murdered Gopal and for the offence of having attempted to murder Bhagat Singh PW-1. Three other co-accused, namely, Sunil, Sachhe Ram and Vickey have been acquitted. The trial of the sixth co-accused was conducted before a Juvenile Court as he i.e. Deepender was a juvenile when the crime was committed. It may be noted that Deepender has been acquitted.

(2.) A perusal of the impugned judgment and order dated 26.10.2005 shows that Sunil, Sachhe Ram and Vickey have been acquitted because no witness, not even Bhagat Singh PW-1, stated anything against them. The appellants have been convicted on the sole testimony of Bhagat Singh PW-1. We note that Sumitra PW-5, who was also cited as an eye-witness turned hostile and denied having witnessed the incident. The other evidence held incriminating against the appellants is the recovery of a shirt each by the two appellants which they claimed, as per their disclosure statements, to be worn by them when the crime was committed, which shirts were found to be stained with human blood, group whereof could not be determined. Against appellant Vineet further incriminating evidence is the recovery of a knife, which was opined by the doctor who conducted the post-mortem of the deceased Gopal to be the possible weapon of offence.

(3.) It is apparent that everything would turn on the testimony of Bhagat Singh PW-1, who indisputably received stab injuries on the day of the incident, i.e. 03.04.2003 as finds mentioned in the MLC Ex.PW-10/C which records that Bhagat Singh was admitted at Lok Nayak Hospital at 1.30 PM. He was having three stab injuries on the temporal region and the epigastric region. As noted above, the learned Trial Judge has held that the testimony of Bhagat Singh PW-1 is without blemish and inspires confidence.