KISHAN TRIPATHI Vs. THE STATE

JUDGEMENT

(1.) Kishan Tripathi, also known as Kishan painter because of his profession, by the present appeal, questions judgment dated 4th October, 2012, convicting him for murder of Sachidanand Jha in the intervening night between 22nd and 23rd February, 2009. By order on sentence dated 17th October, 2012, Kishan Tripathi has been sentenced to imprisonment for life, fine of Rs. 75,000/ - and in default of payment of fine, to undergo Simple Imprisonment for a period of two years for the offence under Sec. 302 of the Indian Penal Code, 1860 (IPC, for short).

(2.) Conviction of Kishan Tripathi is primarily predicated on the electronic evidence in form of CCTV footage, and therefore we had played the original footage captured and recorded on the hard disk in the court. Before, we elucidate and refer to this percipient and definitive evidence, we would like to refer to the facts in brief.

(3.) It has been proved beyond doubt and debate from the testimony of Rakesh Bhargava (PW -4), owner of the factory, located at C -59, Okhla Industrial Area -I, New Delhi that Sachidanand Jha was posted as a night duty guard from 8 P.M. to 8 A.M. in the intervening night between 22nd and 23rd February, 2009. 22nd February, 2009, being a Sunday was weekly off day for the workers. 23rd February, 2009 was Maha Shivaratri and therefore, the factory was again closed. In the morning hours of 23rd February, 2009 at about 9 or 9.30 A.M., Rakesh Bhargava (PW -4) had received a call from the workers in his factory that a dead body of a security guard was lying in the factory. PW -4 immediately informed the police on No. 100 from his residence. Dead body of Sachidanand Jha, whom he identified, was lying in the basement. The body had been covered with a compressor. Blood would be seen near the gate leading to the office. Office glass was broken and someone had entered the office and opened the locker. Rs. 7,500/ - and some documents had been stolen from the locker.