SATYA KISHORE @ GUDDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the year 2005, a day before Diwali, which is celebrated as Chhoti Diwali, as per prosecution in House No. 193, Ramnagar Extension, Sodala (a locality in the city of Jaipur), occurrence had taken place leading to murder of Ajay Saini. Injuries were also caused to Meera Devi (P.W.15) and Chunnilal (P.W.16) parents of deceased Ajay Saini. Chunnilal (P.W.16) had suffered very serious injuries falling within the ambit of Section 307 IPC.

(2.) FOR committing murder of Ajay Saini, Satya Kishore @ Gudda, Manish Saxena, Vijay Kumar and Puja Saxena were charged by the trial court. The accused, Satya Kishore @ Gudda was substantively charged for the offence under Section 302 IPC, whereas other accused were charged with the aid of Section 149 IPC. The accused were also charged for the offence under Section 323/149 IPC. The accused Satya Kishore @ Gudda was also charged for the offence under Section 4/25 Arms Act.

(3.) DURING the course of trial, two injured witnesses, Meera Devi (P.W.15), and Chunnilal (P.W.16), mother and father of the deceased Ajay Saini, had turned hostile and had not supported the prosecution case. Two other eyewitnesses, namely Kailash Chand Saini (P.W.2) landlord of the accused Manish Saxena, his wife Om Devi (P.W.9) also turned hostile and had not supported the prosecution case.