(1.) Vide impugned judgment and order dated 29.3.2005, the appellant stands convicted for the offence of having murdered Shanti W/o Narayan Dass. Vide order of sentence dated 31.3.2005, the appellant has been sentenced to undergo imprisonment for life and pay a fine of Rs. 1,000/-; in default of payment of fine, to undergo rigorous imprisonment for three months.
(2.) In returning a finding of guilt, the learned Trial Judge has held that the testimony of Meena PW-1, the sole eye- witness to the incident is creditworthy and inspires confidence. The learned Trial Judge has found sustenance to the testimony of PW-1 with reference to the testimony of Narayan Dass PW-2. The learned Trial Judge has been influenced by the fact that PW-1 and PW-2 are illiterate beggars and thus their conduct has to be appreciated with reference to their socio-economic background.
(3.) It is not in dispute that on 10.5.2004, somewhere in the late hours of the evening or in the intervening night of 10th and 11th May 2004, Shanti Devi W/o Narayan Dass was killed. She and her husband i.e. Narayan Dass were vagabonds. Their home was a space under a bridge adjoining Delhi Loco Shed. Shanti Devi suffered from leprosy. Her husband Narayan Dass is a physically challenged person.