IMRAN ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) CHARGE sheet was filed in the Court against six persons; namely, Mahender @ lambu, Imran @ Pappu, Pahlad, Jitender, Vijender @ Lala and Man Singh. They were put up for trial for the offence punishable under Sections 302/324/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'ipc'), pertaining to a stabbing incident which took place on a bus No. DL-1p-3370 enroute from peeragarhi to Daya Basti on 25. 03. 1999 at around 10. 00 PM. In the incident in question, the deceased Radhey Shyam was murdered and three others; namely, Kuldeep, Naresh and Laxman were injured.

(2.) TWO of the six accused, namely, Vijender @ Lala and Man Singh were discharged vide order dated 06. 11. 1999. Thus, four remained at the trial to defend themselves.

(3.) VIDE the impugned judgment and order dated 15. 09. 2001, Pahlad and Jitender have been acquitted in the absence of any incriminating evidence against them. Appellants Mahender and Imran have been convicted for the offence of murder relatable to the death of Radhey Shyam. They have been acquitted for the offence punishable under Section 324 IPC. Both have been convicted for the offence punishable under Section 25 of the Arms Act, 1959; substratum of which offence was the recovery of a button operated knife when appellant Imran was apprehended and a knife which was got recovered by appellant Mahender pursuant to his disclosure statement.