ANKUSH GUPTA Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment dated 27. 10. 2006 whereby the appellant Ankush Gupta has been convicted for having committed murder of deceased Rajeev Gupta.

(2.) VERSION of the prosecution was unfolded on the statement of Rajesh burman PW-3 brother-in-law of the deceased and a purported eye-witness to the incident. His statement Ex. PW-3/a recorded on 03. 6. 2002 is to the effect that on 03. 6. 2002 his brother-in-law Rajeev Gupta had visited the house of his brother Pradeep at Flat No. 17d, Dilshad Garden along with his wife Anita Gupta. Pradeep had sustained injuries on the previous day i. e. on 02. 6. 2002 because of a fight which had ensued between him and the relatives of Shri Kishan Goel pursuant to which an FIR had been lodged in police Station Seemapuri. At about 7. 30 PM when Rajeev and his wife Anita were returning back, the accused Ankush Gupta had an altercation with rajeev. He i. e. the accused took out a dagger and stabbed Rajeev on the left side of his chest and fled away with the knife. PW-3 had removed the injured to the Guru Teg Bahadur Hospital where he had been declared brought dead. Ex. PW-3/a categorically recited that Ankush was the offender and legal action should be taken against him. On this Statement Ex. PW-3/a, the endorsement Ex. PW-9/a was made and the rukka was taken by Const. Ramesh PW-6 pursuant to which the formal FIR was registered.

(3.) ANITA Gupta PW-2 the wife of the deceased was the second eye-witness to the incident and she had corroborated the version as set up by PW-3 in his statement Ex. PW-3/a.