JAI RAM Vs. STATE

JUDGEMENT

(1.) JAI Ram @ Vicky has been convicted along with 'R' for the murder of Ishwanti mother of 'R' and directed to undergo imprisonment for life and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo simple imprisonment for six months.

(2.) LEARNED counsel for Jai Ram challenging the circumstances held against Jai Ram by the learned Trial Court contends that the prosecution has led no evidence to show that Jai Ram and 'R' were in love with each other. It is also not proved that the mobile phone allegedly recovered from Jai Ram belonged to the deceased. The evidence of mobile phone call records cannot be any clinching evidence to nail Jai Ram for a serious offence like Section 302 IPC. As per the post -mortem report the deceased died between 7.00 -8.30 AM on September 18, 2010 at which time even as per the prosecution case Jai Ram was talking on telephone and could not have thus committed the murder. Further no investigation has been conducted qua Balraj who was having illicit relations with the deceased. The property of the deceased has been taken away by the relations who have falsely implicated Jai Ram and 'R'.

(3.) THE prosecution case is based on circumstantial evidence and the learned Trial Court on analyzing the evidence came to the conclusion that following circumstances stood proved against the appellant: