VINOD Vs. STATE

JUDGEMENT

(1.) Seven accused; namely Vinod, Pramod, Mukesh Kumar, Rakesh @ Makhan, S.D.Sharma, Karan and Rajbir @ Chhanga were sent to trial for having murdered Ashok and Pagpu pehlwan. The case of the prosecution was that one Ami Lal, father of Devender, owned a piece of land ad measuring 1000 sq. yards at Ghonda Chowk where mini buses were being parked on daily basis. Ami Lal used to charge Rs.20/- per day from the oWllers of the mini bus. That in the last week of February 2003, the bus operators made a complaint to Ami Lal that Vinod, Pramod, Rajbir, Makhan Singh and Karan Singh, all vagabonds of the area, were demanding money from them to park their mini buses. Devender, son of Ami Lal, discussed this with Pappu Pehlwan, a cousin of who in turn spoke to Vinod, Pramod, Rajbir, Makhan Singh and karan singh, but they threatened him with dire consequences if he created obstacles in their way. That, Devender and Pappu Pehlwan told the bus operators not to pay any money to the vagabonds and on said account the said vagabonds had a grouse against Devender and Pappu Pehlwan.

(2.) That on 27.2.2003, Devender along with Pappu Pehlwan were going towards Ghonda Chowk in connection with some work and at around 7-7:30 PM reached Madras Caffe where he said persons as also two more namely Mukesh and S.K.Sharma met them Karan exhorted Makhan that Devender and Pappu should not be left alive. Just at that point of time, Ashok and Ram Kumar who were sipping juice at a stall nearby reached. They intervened. At that junction Mukesh and S.K.Sharma exhorted that Devender, Pappu Pehlwan and their well-wishers should be finished. That on the exhortation of Mukesh and S.K.Sharma; Rajbir, Vinod and Pramod took out firearms from the dub of their and fired shots. Whereas Pappu Pehlwan and Ashok sustained injuries and fell down; to save themselves, Devender and Ram Kumar ducked and lay flat on the ground. The offenders ran away with their respective weapons. Sunder, a cousin of Devender reached and rescued them. A Maruti van coming from Ghonda Chowk side was stopped. Ashok and Pappu Pehlwan were put inside the van and were removed to GTB hospital where both of them were proclaimed dead on arrival.

(3.) The incident was first reported to the police when a telephonic information was noted by the duty constable, being DD No.20-A, Ex.PW-3/C, at 7.30 PM on 27.2.2003 that two people have been shot near Maujpur juncture adjoining Parivar restaurant.