KANHIYA LAL YADAV Vs. STATE

JUDGEMENT

(1.) KANHIYA Lal is convicted for the murder of Miraz vide impugned judgment dated August 09, 2010 and directed to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - and in default of payment of fine to undergo Simple Imprisonment for a period of two months which he assails in the present appeal.

(2.) LEARNED counsel for the appellant contends that the prosecution has planted the witnesses to foist a false case against the appellant. The evidence of PW -4 Prashant Aggarwal, PW -16 Gurpreet Singh and PW -18 Inspector Surender Singh is contradictory. The FIR was lodged belatedly and it is strange that the first informant did not call the police but the landlord and owner of the factory whereafter the FIR was lodged. Even as per PW -16 Gurpreet Singh, the maker of the FIR, he left the place and thus he could not have witnessed the incident. At the time of alleged recovery no public witness was associated. The defence of the appellant that he was not present at the spot has not been considered. Hence the appellant be acquitted.

(3.) NO defence evidence has been led, however, it would be relevant to note certain answers of the appellant to the questions put to him under Section 313 Cr.P.C: