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CASE AS AGAINST THE ACCUSED PERSONS NAMELY JITENDER, VINOD KUMAR, MANOJ AND HARI CHAND-THEY ALL FAMILY MEMBERS SC No. 20/14 State vs Jitender & Ors (Page 22 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC 24 Above mentioned accused persons are facing trial for the offences u/s 452/302/325/323/34 IPC . Testimony of PW1 Raj Shree , PW2 Jitender and PW13 Pratap Singh is material as they are the eye witnesses and victims of the present case. PW1 Raj Shree is the wife of deceased Mohar Singh and mother of PW2 Jitender. PW3 Pratap is the brother-in-law (devar ) of PW1. All these three witnesses are members of one family and the prosecution story revolves around their testimonies.

25 PW1 Raj Shree deposed that on 20.8.2010 , at about 10:00 pm she was present at her house along with her daughter, son Satender & Jitender, Devar Pratap and her husband Mohar Singh . Accused Hari Chand and his sons Manoj, Vinod and Jitender, all of sudden, entered their house and started abusing them .Accused Hari Chand said to his sons that " ye saale jyada bante hein inko chhorana nahi". At that time accused Manoj and Hari Chand were carrying iron saria in their hand. She knew accused Hari Chand, Manoj, SC No. 20/14 State vs Jitender & Ors (Page 23 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC Vinod and Jitender as they used to reside in her neighborhood in front of their "gali". On hearing such words of his father Hari chand, accused Jitender had caught hold of her husband from his waist . Accused Manoj had caught hold of her devar Pratap. All of them had started beating her husband and her devar. Accused Manoj and Hari Chand were hitting with saria to her devar Pratap and husband and other accused had also started beating her hsuband and her devar with fists and kicks. She further deposed that when she and her son Jitender tried to rescue her husband and devar , accused persons gave beatings to her and her son Jitender also. After that accused Pintoo and Kamal Kashyap also came there and she knew them as they used to live in the same locality and she had seen them visiting house of accused Manoj on many occasion. Accused Pintoo @ Kuldeep and Kamal Kashyap had also started beating them. They shouted for help. Neighborers had collected there and someone made a call to the police. Accused persons fled away from the SC No. 20/14 State vs Jitender & Ors (Page 24 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC spot. PW1 further deposed that her son Jitender(PW2), her devar Pratap (PW13) and her husband Mohar Singh (deceased ) were taken to the SGM hospital by the PCR Van. Her husband Mohar Singh and Pratap were serious therefore, they had taken them to Jaipur Golden Hospital and were got admitted there. On that day doctor had given her the blood stained clothes of her husband and devar. On 23.8.2010, she handed over that blood stained clothes to the police which was seized by the police vide seizure memo ExPW1/A( seizure memo of clothes of deceased Mohar Singh) and ExPW1/B( seizure memo of clothes of injured Pratap). She further deposed that on 28 or 29.8.2010, accused Vinod was apprehended and arrested and police brought him to their house. She identified him and accused Vinod pointed out towards her house as a place of occurrence. Police had taken the photographs of the wall below the staircase and also lifted blood stains after scratching it from the wall and kept the same in small plastic "dibbi" and also put some SC No. 20/14 State vs Jitender & Ors (Page 25 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC seal. Seizure memo is ExpW1/C and pointing out memo of accused Viond is ExPW1/D and arrest memo of accused Vinod is ExPW1/E and his personal search is ExPW1/F. 26 PW1 Raj Shree further deposed that on 27.8.2010, her husband had died due to the injuries inflicted by all the accused persons. In September 2010, police had come with accused Hari chand and Manoj to her house and she had identified them. Both the accused persons pointed out towards her house as the place of occurrence. She further deposed that in the month of November 2010, accused Pintoo @ Kuldeep was arrested from his house at her instance. She had signed the arrest documents i.e arrest memo of accused Kuldeep ExPW1/G , his personal search ExPW1/H and pointing out memo of accused Kuldeep ExPW1/I and his disclosure statement ExPW1/J 27 PW1 was cross examined at length by SC No. 20/14 State vs Jitender & Ors (Page 26 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC the ld counsel for the accused persons . During her cross examination, she replied that her sons namely Satender and Prince s/o of accused Manoj were playing outside her house. Prince slapped her son and then her son slapped him. Prince left from there crying. After few minutes , chacha of Prince namely Satender ( brother of accused Manoj) came to their house with Prince and slapped his son. There was some quarrel between two family members . PW1 replied that she intervened and tried to stop Satender. She further replied that all the accused persons had come to her house. She admitted that there was two tenants in the house and at the time of incident none of the tenant was there. She further replied that she had not made a call to the PCR and there was no quarrel between two families prior to the incident. Police remained there for 15-20 minutes and her statement was recorded by the police on 23.8.2010. She admitted that co-accused Kamal Kashyap also sustained injuries but replied that he received injuries as she saved herself behind the SC No. 20/14 State vs Jitender & Ors (Page 27 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC door from the blows of accused persons and such blow had hit Kamal Kashyap. Further cross examination of PW1 is basically in respect of arrest of the accused persons.

65 In the present case, it is true that incident took place on 20.8.2010 and initially FIR SC No. 20/14 State vs Jitender & Ors (Page 53 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC u/s 452/325/323/34 IPC was registered on 23.8.2010. In my opinion , prosecution has duly explained the delay in lodging FIR, as discussed herein after . PW21 ASI Sajjan Singh deposed that on 20.8.2010, on receipt of DD no.27 A he visited the spot but the house was found locked and on inquiry no eye witness was found. On inquiry it was revealed that injured have been removed to SGM Hospital. He went to SGM hospital and collected the MLCs of the injured persons. No eye witness was found in hospital. He further deposed that on 21.8.2010, he again visited the house of injured persons and it was revealed that injured were taking treatment at Jaipur Golden Hospital. He went to Jaipur Golden Hospital and Doctor concerned stated that Pratap and Mohar Singh are unfit for giving statement. DD no.27 A was kept pending. He further deposed that on 22.8.2010, he along with constable Manjeet(PW19) visited Jaipur Golden Hospital and doctor declared Pratap Singh fit for statement and he recorded the statement of Pratap Singh ExPW13/A on the SC No. 20/14 State vs Jitender & Ors (Page 54 of 66 ) D.O.D 26.11.2014 P.S Aman Vihar u/s 452/302/325/323/34 IPC basis of which endorsement was made and FIR was registered.

successful in establishing the guilt of the accused persons namely Jitender, Hari Chand, Manoj and Vinod Kumar in respect of offences u/s 452/302/325/323/34 IPC and of accused Kuldeep Singh Rathor @ Pintu in respect of offence u/s 325/323 IPC. Accordingly , accused Jitender, Hari Chand, Manoj and Vinod Kumar stands convicted for the offences u/s 452/302/325/323/34 IPC and accused Kuldeep Singh Rathor @ Pintu stands convicted for the offences u/s 325/323 IPC.