CHHOTE Vs. STATE

JUDGEMENT

(1.) APPELLANT Chhote impugns the judgment dated 12th August, 2014, convicting him for murder of Sarvesh on 17th December, 2012, between 12 noon and 8 p.m. on the first floor of dairy of Ramesh Kumar at Khasra No. 705, Nawal Park, Alipur, Delhi. By order on sentence dated 12th August, 2014, the appellant has been sentenced to imprisonment for life, pay fine of Rs. 2,000/ - and in default of payment of fine, undergo simple imprisonment of two months for the offence under Section 302 of the Indian Penal Code, 1860 (IPC, for short). Benefit under Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short) stands granted. We have heard the learned Counsel for the appellant and the Additional Public Prosecutor. The prosecution case is entirely predicated on circumstantial and "last seen together" evidence. The prosecution has relied on the testimony of Ramesh Kumar (PW 3) who has alleged that the appellant was last seen together with the deceased on the first floor of the dairy belonging to the said witness. Defence on the other hand, has stressed that the prosecution has failed to bring home the guilt of the appellant beyond reasonable doubt.

(2.) IT cannot be doubted that the deceased Sarvesh was the victim who had suffered a homicidal death on the first floor of the dairy of Ramesh Kumar. His dead body was found in a room on the first floor of the dairy in the evening on 18th December, 2008. The issue which arises for consideration in the present appeal is whether the appellant Chhote is liable and culpable for the murder of the deceased Sarvesh. We find merit in the present appeal and proceed to record our findings and reasons for acquitting Chhote after briefly recording the factual position.

(3.) BEFORE elaborately referring to the testimony of Ramesh Kumar (PW 3), owner of the dairy in question in detail, we would like to concisely examine testimonies of other witnesses.