RAM KARAN Vs. STATE

JUDGEMENT

(1.) RAM Karan challenges his conviction vide judgment dated 29th July, 2009 in Session Case No. 116/2008 arising out of FIR No. 56/2004, Police Station Kapashera, for murder of Ashok Kumar in the night intervening 14th/15th March, 2004. By the impugned order of sentence dated 31st July, 2009, he has been sentenced to life imprisonment and asked to pay fine of Rs.10,000.00. In default of payment of fine, he has to undergo simple imprisonment for three months.

(2.) IT has been established, in view of the statements of Satbir Singh (PW-2) the Caretaker and Randhir Sharma (PW-5) the owner of the building where the crime was committed, that the appellant Ram Karan, the deceased Ashok Kumar and one Suraj, deceased's brother- in-law, were tenants of Room No. 16 in that building. The building was constructed on an area measuring 500 square yards and Room No. 16 was one of the 24-25 rooms given on rent. A relative of PW-5, Satbir (PW-2), who was the caretaker of the building, gave these rooms on rent. PW-2 had his own shop adjacent to the plot. There is cogent evidence to show that Suraj, one of the co-tenants, had left for his village on or about 8th March, 2004 and was not present in Delhi till 17th March, 2004 when Ashok's dead body was found. Suraj returned to Delhi, on 20th March, 2004, from his village with Shri Ram (PW-6) father of the deceased Ashok. PW-6 identified the dead body of his son vide identification memo Exhibit PW-7/A. Lakshmi Prasad (PW- 7), who was a resident of Delhi, had also identified dead body of Ashok and had apprised that the deceased and Suraj were brothers-in- law.

(3.) THE core question relates to the involvement of the appellant in the murder of Ashok. The prosecution, in the present case, has not relied upon any eye witness and has premised its case upon circumstantial evidence of last seen, abscondence, motive and recovery of the knife and the key, through disclosure statement and CFSL Report.