ALOK KUMAR Vs. STATE

JUDGEMENT

(1.) THIS bail application has been filed by the accused, namely, Alok Kumar, who is facing trial under 302/34/120b IPC in a case registered vide FIR No. 9/2008 at Police Station Dwarka along with other accused persons, which is now pending in the Court of Addl. Sessions Judge, Dwarka on the allegations that he along with other accused persons, namely, Jai Kumar and Ajay had killed the deceased rajesh due to his illicit relationship with Pooja, wife of Jai Kumar.

(2.) THE proceedings were initiated against the petitioner and other co-accused persons on the basis of lodging of a complaint by PW-3 Dharampal, father of the deceased, who alleged that there were illicit relationship between Pooja and his son, Rajesh and it appears that Pooja either herself or along with others caused the murder of Rajesh. This complaint was made by Dharampal on 6. 10. 2007 whereas the FIR of this case has been registered by the Police only on 5. 1. 2008 after receiving the post mortem report of deceased Rajesh.

(3.) AFTER investigating the matter, the prosecution filed the challan. In support of their case, the prosecution relied upon the statement of Pooja recorded under Section 161 Cr. P. C. who was cited as an eye- witness of the incident and who stated in her statement that it was the petitioner, Jai Kumar and Ajay, who killed the deceased in her presence. Prosecution also relied upon the statement of Kuldeep, Ramesh and one Savitri in addition to the statement of complainant to show exit and entry of accused persons in the house of Pooja at the relevant time to prove circumstantial evidence in support of their case. All these witnesses appeared as prosecution witnesses except Savitri, who is no more.