JITENDER @ JITU Vs. STATE

JUDGEMENT

(1.) In this appeal the appellant assails the judgment dated 4-12-2000 passed by the learned Additional Sessions Judge, New Delhi in Sessions Case No. 266/97/89 whereby he has been held guilty of the offence of murder.

(2.) The prosecution case is noticed by the learned Trial Judge in para No. 1 of the impugned judgment and the same is as follows :-

(3.) The prosecution had examined nineteen witnesses in support of its case against the accused but primarily it had sought to establish the charge against the appellant "accused on the basis of ocular version of the incident given by the two eye witnesses and the recovery of the razor at the instance of the accused pursuant to his disclosure statement. When examined under Section 313 Cr.P.C. the appellant" accused denied the prosecution case in its entirety and pleaded false implication. However, he did not adduce any evidence in defence. After examining the prosecution evidence the learned trial Court did not rely upon the evidence of recovery of weapon of offence at the instance of the accused but held the prosecution case fully established from the evidence of the two eye witnesses and accordingly convicted the appellant "accused under Section 302 IPC vide impugned judgment dated 4-12-2000 and vide order dated 7-12-2000 sentenced him to life imprisonment and also to pay fine of Rs. 100/-, in default of payment of which the accused was ordered to undergo further rigorous imprisonment for a period of one month. Feeling aggrieved, the convicted accused has come up in appeal.