RAM SAGAR Vs. STATE

JUDGEMENT

(1.) THE appellant has been held guilty, as charged, for offence under Section 302 IPC for the murder of Jiya Lal S/o Kishori Shah, statedly committed some time late in the night of 29.09.2009 at a place near Ganda Nala under metro line Ramji Enclave within the jurisdiction of PS Nazafgarh. The findings of guilty and conviction were recorded by the learned Additional Sessions Judge 03 -Dwarka through his judgment dated 30.01.2014 in sessions case 43/2012 arising out of FIR 353/2009 of Police Station Najafgarh. By order dated 06.02.2014, the appellant was sentenced to imprisonment for life with fine of Rs. 5,000/ - and in the case of default with direction to suffer further simple imprisonment for three months. Feeling aggrieved, the convict has come up with the criminal appeal at hand pleading innocence and false implication.

(2.) IT may be mentioned at this stage that the prosecution relied upon circumstantial evidence primarily in the nature of "last seen" coming from the mouthpiece of Sunita (PW6) and Anita Yadav (PW3) coupled with evidence on the issue of motive and conduct.

(3.) IT emerges from the record, as an undisputed fact, that the appellant Ram Sagar son of Gunjan Yadav, a native of Village Amrit Nagar, Darbhanga, Bihar, known as "Sagar" to PW6, was also living in the same locality close to the house of the deceased. He was working for gain for one Satya Narayan (PW1), another local resident, in his dairy looking after the cattle. It is stated, and the appellant would not deny, that the appellant and Jiya Lal had become close friends over the period and the former would visit the house of the latter in routine.