HEERA LAL Vs. STATE GOVT. OF NCT

JUDGEMENT

(1.) HEERA Lal is convicted of the offence of robbery and murder of Jagan Singh Chauhan and awarded imprisonment for life.

(2.) THE case of prosecution rest on circumstantial evidence in the form of statements of Umesh Chauhan PW -1 and Tushar Chauhan PW -2 having last seen Heera Lal with the deceased on the night of June 07, 2010, recovery of shirt of Heera Lal which was found to be blood stained with human blood of "B" group origin which tallied with that of deceased and the recovery of weapon of offence an iron rod coupled with opinion of the post -mortem doctor opining that the injuries were possible by the weapon recovered. At the first blush this circumstantial evidence shows that the prosecution has been able to prove its case beyond reasonable doubt as has been held by the learned Trial Court but an inquisitive analysis of the same as would hereafter demonstrate would show that the prosecution has not been able to prove the circumstances clinchingly.

(3.) HEERA Lal in his statement under Section 313 Cr.P.C. admitted that he was working as a domestic servant with deceased Jagan Singh but his case was that he left Delhi for his village on June 04, 2010 and was thus not in Delhi when the incident took place. The explanation of Heera Lal in his statement under Section 313 Cr.P.C. is as under: