GIRDHARI Vs. STATE

JUDGEMENT

(1.) Six persons in all were sent up for trial on two counts of murder relating to the abduction and murders of Kalu Ram Bhagat and Bodhan. The trial court in its judgment discharged Ram Karan who is stated to have hired the other accused to commit the murders and acquitted Ramesh, Birju and Dharam Pal on the ground that they had not been identified by any of the witnesses. Girdhari and Man Singh were, however, convicted and sentenced to undergo life imprisonment on two counts as also under Section 364 of the Indian Penal Code, all the sentences to run concurrently. The matter was thereafter taken by way of two separate appeals before the High Court and the High Court by the impugned judgment dated 4th February, 2009, allowed the appeal of Man Singh and acquitted him whereas Girdhari Appellant was acquitted of the murder of Bodhan, but his conviction for the murder of Kalu Ram Bhagat was affirmed. The present appeal has been filed by Girdhari alone.

(2.) The facts of the case are as under:

(3.) We see that as of today the only person who remains convicted on one count of murder is the Appellant Gird arias he too stands acquitted for the murder of Bodhan. The courts have found that the entire prosecution story rested on circumstantial evidence which was primarily the last seen evidence of P. Ws. 2, 3, 4, 5 and 26, the first four being close relatives of Kalu Ram Bhagat and P.W. 26 being a close neighbour. In addition to this evidence the only other evidence against the Appellant is the recovery of the daranti at his instance which has been proved by the investigating officer, P.W. 14.