VIJAY Vs. STATE GNCT OFDELHI

JUDGEMENT

(1.) Believing Beena Mehta PW-4, the wife of the deceased Satyadev Mehta @ Mintu, Master Sahil PW-9, the son of Beena Mehta and Satyadev Mehta, Mohd.Shahid PW-7, a property dealer and known to Satyadev Mehta and Beena Mehta, Ghanshyam PW-8, the brother of Satyadev Mehta, the learned Trial Judge has convicted appellant Vijay @ Santy for the offence of having murdered Satyadev Mehta. Coaccused Sachin @ Banty has been given the benefit of doubt and hence acquitted.

(2.) The reason why Sachin @ Banty has been given the benefit of doubt is that his name was not mentioned by Ghanshyam PW-8 in his statement Ex.PW-8/A on basis whereof the FIR was registered. In Master Sahil's statement recorded by the investigating officer under Section 161 Cr.P.C. he had not named Banty. Though Beena Mehta and Mohd.Shahid had referred to Banty as the co-assailant in their statement under Section 161 Cr.P.C. and in their deposition in Court, the learned Trial Judge has found it prudent, applying the rule of caution, to acquit Sachin @ Banty.

(3.) Learned counsel for Vijay @ Santy had attacked the conviction urging the following points. The first was with reference to daily diary No.52A, Ex.PW-13/A, in which it is recorded that an informant through mobile phone No.9891162208 had informed the PCR of a quarrel taking place at house No.81, near Ambedkar Park, Shastri Nagar. The contention urged was that as per said information the place of the crime is near house No.81 near Ambedkar Park and not Punjabi Rasoi restaurant, statedly the place of business of Vijay and Sachin. The second contention advanced was that the person who made the call through the mobile No. 9891162208 was not examined and thus the best witness was withheld. Learned counsel urged that the best witnesses being suppressed, the prosecution has used planted witness. Learned counsel urged, and which we find to be a very funny argument, since PW-8 claimed to have used the mobile phone No.9891162208 of a person standing nearby to make a PCR call, PW-8 being busy in making the call could not be a witness to the incident. The next submission was premised on Satyadev MLC Ex.PW-1/A which notes that Satyadev was brought to SDN hospital, Shahadara at 12.25 mid-night in the intervening night of March 27, 2010 and March 28, 2010 in a PCR van by HC Bhim Sain with Satyadev's brother Rinku. We find that Rinku is the pet name of Ghanshyam. The contention urged was that the words 'with brother Rinku' written on the MLC is an interpolation.