"The statement, implicating the accused in the FIR, was spontaneous, immediate and proximate to the incident and hence cannot be disbelieved," special public prosecutor Dayan Krishnan told a bench of Justices Gita Mittal and J R Midha.
Advancing final arguments, the prosecutor said Neelam Katara' statements, given to police and later during the trial, were "self explanatory" and defence counsel also did not cross-examine her much on her assertion that Vikas and Vishal were averse to the relationship between the victim and their sister Bharti Yadav.
He also said the victim had told his mother that he was in a "relationship" with Bharti and was planning to marry her and the girl's father, who was against it, may give his approval later.
"The statement (of Neelam) that her son had told her about his relationship and the fact that it was not approved by the accused... Is not a hearsay evidence and rather admissible as evidence," the prosecutor said.
Sumeet Verma, counsel for Vikas, however opposed the plea saying "as per the Evidence Act, the statement that the victim told something to his mother, cannot be held credible piece of evidence as it is hearsay and not a direct evidence."
Vikas and Vishal took away Nitish from a marriage party at Ghaziabad on the intervening night of February 16-17, 2002 and later killed him with the help of third accused Sukhdev Pehalwan.
Yadavs and Pehalwan are serving life term in the case. (More)
