- (1.) The complainant had named four persons,namely, Rajesh Kumar @ Romy, Arun Kumar, Rakesh Kumar @ Keshi and Narinder Kumar @ Kala as a prime perpetrators of the crime relating to the murder of Munish Kumar. Consequently, FIR No.315 dated 8.10.2005 was registered against them. The police had declared Narinder Kumar as innocent and resultantly challan against other three accused, namely, Rajesh Kumar, Arun Kumar and Rakesh Kumar was presented in Court. However, on an application filed under Section 319 of the Code of Criminal Procedure, the Court summoned Narinder Kumar, accused also. The Court, however, vide its judgment dated 24.03.2009 acquitted Narinder Kumar but convicted and sentenced accused Rakesh Kumar and Rajesh Kumar to undergo imprisonment for life and to pay a fine of Rs.10,000/- each under Section 302 of the Indian Penal Code. Arun Kumar, accused was also convicted and sentenced with the aid of Section 34 IPC to undergo imprisonment for life and to pay a fine of Rs.10,000/-. The case relates to the old rivalry. Munish Kumar had inflicted injuries to Rakesh Kumar, accused, regarding which Munish Kumar was facing trial.
(2.) Vimal Kumar, a resident of H.No.B-15/191 Muhalla Suigara, Near Ram Ashram, Patiala disclosed that he was running an electric shop at Patiala and on 7.10.2005, he alongwith his maternal uncle Krishan Kumar Joshi were sitting near Ram Ashram.
(3.) At about 8.00 P.M., they spotted Munish Kumar @ Minku coming towards them and when he reached near Johan Hair Dresser, near Ram Ashram, Rakesh Kumar @ Keshi, his brother Rajesh Kumar @ Romy, both armed with knives and their third brother Narinder Kumar @ Kala and Arun Kumar empty handed came there. Rakesh Kumar exhorted that Munish Kumar be taught a lesson for causing him injuries, upon which Narinder Kumar and Arun Kumar caught hold of Munish Kumar and threw him on the road. Rakesh Kumar alias Keshi and Rajesh Kumar alias Romy accused started giving knife blows to Munish Kumar on his thighs and right elbow. Rakesh Kumar also gave a knife blow on the left side of the chest of Munish Kumar. He raised hue and cry whereupon the accused decamped from the place of occurrence. Complainant Vimal Kumar and his uncle Krishan Kumar shifted him to Rajindra Hospital, Patiala, where he was declared brought dead.;