VICKY Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 22. 07. 2005, appellant Vicky has been convicted for an offence punishable under section 302 IPC and co-accused Kale @ Suraj and Sumit have been convicted for the offence punishable under Section 302 IPC read with Section 109 IPC. For record, it may be noted that pertaining to the fourth accused namely Rajiv, he being a minor, matter was referred for trial to the Juvenile Justice Board.

(2.) THE case of the prosecution can be traced to the First information Report which was lodged on the basis of the statement ex. PW-6/a recorded by the Investigating Officer and as made to him by Mohd. Tahir PW-6. The said statement was recorded soon after the incident which took place on 25. 5. 2003 at around 6. 30 PM. The statement Ex. PW-6/a was dispatched for registration of the FIR as recorded in the endorsement beneath the statement; endorsement being Ex. PW-14/a, at 9. 15 PM on 25. 05. 2003, the date when Mohd. Qasim was stabbed.

(3.) IN the statement Ex. PW-6/a, PW-6 stated that the deceased was his brother and both of them were residing in Jhuggi No. C-57/402, Shahid Basti. That around 6. 30 PM when the two brothers were outside their jhuggi, they heard sounds of a quarrel and both proceeded to the place from where the sound was emanating and on reaching the place found 4-5 boys. One out of said boys queried from his brother as to whether he was the Dada of the area and whether he had come to the place on summons to rescue and that one boy named Kale caught hold of his brother and Vicky stabbed him. All the boys ran away and he took his brother to Lady Harding hospital.