Jai Ram @ Vicky vs State on 17 December, 2014

Reserved on: December 12, 2014 % Judgment Delivered on: December 17, 2014 + CRL.A. 121/2014 JAI RAM @ VICKY ..... Appellant Represented by: Mr.Shahid Azad, Ms.Sonali Karwasra and Mr.Gaurav Bhatt, Advs. versus STATE .... Respondent Represented by: Mr.Lovkesh Sawhney, APP for State. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.

1. Jai Ram @ Vicky has been convicted along with 'R' for the murder of Ishwanti mother of 'R' and directed to undergo imprisonment for life and to pay a fine of `10,000/- and in default of payment of fine to undergo simple imprisonment for six months.

2. Learned counsel for Jai Ram challenging the circumstances held against Jai Ram by the learned Trial Court contends that the prosecution has led no evidence to show that Jai Ram and 'R' were in love with each other. It is also not proved that the mobile phone allegedly recovered from Jai Ram belonged to the deceased. The evidence of mobile phone call records cannot be any clinching evidence to nail Jai Ram for a serious offence like Section 302 IPC. As per the post-mortem report the deceased died between 7.00- 8.30 AM on September 18, 2010 at which time even as per the prosecution Crl.A.No.121/2014 Page 1 of 10 case Jai Ram was talking on telephone and could not have thus committed the murder. Further no investigation has