MAHAVIR SINGH Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 10.09.2007, appellants Jagpal @ Raju, Mahavir Singh, Subash Chand @ Doctor @ Pradhan and Mustaq have been convicted for the offence of having hatched a conspiracy to murder Drav Kumar (hereinafter referred to as the "Deceased") and in pursuance of the said conspiracy having killed the deceased. Vide order dated 22.9.2007, they have been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 10,000/ - each; in default of payment of fine to undergo RI for one year.

(2.) CASE of the prosecution is that the appellant Mahavir Singh and the deceased were real brothers and their relations were strained on account of a dispute pertaining to inheritance of ancestral property inherited through their father. Drav Kumar was issueless and it was the desire of Mahavir that Drav Kumar should stay with him without separation so that on the death of Drav Kumar and his wife, the property inherited through their father, could in turn be inherited by the children of Mahavir Singh. Since Drav Kumar was contemplating to adopt a son and a daughter, Mahavir desired that Drav Kumar should adopt his son. Defying the desire of Mahavir, Drav Kumar adopted a male and a female child. This infuriated Mahavir who sought revenge. He decided to kill Drav Kumar. Fearing for his life Drav Kumar left his home -town and settled in Delhi. To give effect to his illegal desire, Mahavir Singh contacted the other three appellants. The four decided to kill Drav Kumar by injecting him potassium cyanide. Subash Chand @ Doctor @ Pradhan procured potassium cyanide and gave the vial containing potassium cyanide to Mustaq and Jagpal, who on an opportune moment were to inject the same in the body of Drav Kumar. In pursuance of the said conspiracy, appellant Mustaq befriended the deceased so as to create an opportunity to execute the object of their conspiracy. On 05.04.2004, appellants Mustaq and Jagpal visited the residence of the deceased and in a friendly manner led him to Surajmal Park. Attar Singh PW -2, a bodyguard of Drav Kumar also accompanied them. All four i.e. the deceased, Attar Singh, Mustaq and Jagpal consumed a bottle of beer each in the park and when they were returning to the residence of the deceased, all of a sudden, Mustaq caught hold of the deceased and Jagpal jabbed the syringe containing potassium cyanide in the back of the deceased and fled.

(3.) NEEDLESS to state, Attar Singh PW -2, was the lynch pin of the case of the prosecution qua its case against Mustaq and Japal. Sustenance was sought to corroborate Attar Singh with the testimony of Latesh, the wife of the deceased, to prove that on 05.04.2004 the deceased was in the company of Mustaq and Jagpal. The involvement of Mahavir Singh in the conspiracy was sought to be proved by leading evidence that Mahavir Singh was in touch with Mustaq and Jagpal before and after the murder, and his having a motive to kill his brother. Evidence was sought to be led against Subash Chand @ Doctor to prove his being a conspirator with reference to his being seen in the company of Mahavir when the other two conspirators were present as also the recovery of a paper pudia containing potassium cyanide at his instance. Lastly, the proof of the fact that the deceased was killed due to cyanide poisoning.