KANWALJIT SINGH AHLUWALIA,J. - (1.) The appellant, Mahesh Jogi was tried by the court of Additional Sessions Judge, Fast Track, Mahawa, District Dausa for having committed the murder of Keshav s/o Sher Singh.
(2.) The case of the prosecution is that Keshav was murdered on 10.10.2006 and his dead body was found by Radhey Shyam Patwari on 18.10.2006 from the river near village Paloda. The prosecution further claims that unidentified dead body recovered was of Keshav. To connect the appellant Mahesh Jogi with the crime in absence of direct evidence, the prosecution has relied upon following two circumstances: (i) That the deceased Keshav was last seen with the appellant Mahesh Jogi. (ii) That at the instance of the appellant Mahesh Jogi, Identity Card of the deceased Keshav and gold Tika belonging to his mother Shakuntala (P.W.12) was recovered. The said gold Tika was allegedly pawned by the petitioner before Trilok Chand (P.W.14), for the sake of Rs. 2,000/-.
(3.) Holding that above two circumstances complete the chain of circumstances to arrive at the conclusion that the offence has been committed by anyone else but the appellant Mahesh Jogi, the court of Additional Sessions Judge, Fast Track, Mahawa, District Dausa, vide impugned judgment dated 7.6.2010 held the appellant to be guilty of offence under Sections 302 and 201 IPC. Having convicted the appellant for the aforesaid offences, the trial court vide a separate order of even date, sentenced him as under: U/s 302 IPC- to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine, to further undergo six months R.I. U/s 201 IPC- to undergo three years R.I. and to pay a fine of Rs. 2,000/-, in default of payment of fine, to further undergo three months R.I. The present appeal has been filed by the appellant Mahesh Jogi to challenge the conviction and sentence pronounced and recorded by the trial court.;