LALIT ALIAS PRADEEP Vs. STATE

JUDGEMENT

(1.) THE Appellant impugns the judgment dated 26.10.2010 and order on sentence dated 27.10.2010 (passed in Sessions Case No.77/2007, FIR No.473/2006, Police Station Desh Bandhu Gupta Road) whereby he was convicted under Section 302 Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-. In default of payment of fine, the Appellant was sentenced to undergo RI for six months.

(2.) PW-1 Santosh Kumar Pandey is the sole eye witness in the case. The FIR was recorded on the basis of his statement Ex.PW-1/A. According to the prosecution version, the incident took place on 13.11.2006 at about 11:30 P.M. when PW-1 Santosh Kumar Pandey was closing the dhaba. The facts of the case can be extracted from the impugned judgment as under:-

(3.) IT is argued by Ms. Anu Narula, learned counsel for the Appellant that the Trial Court has not appreciated the evidence in correct perspective. IT was admitted by PW-1 (the sole eye witness) in his cross-examination that he had not seen the incident taking place. The Trial Court fell into a grave error in holding that the suggestion must have been denied by PW-1. IT is urged that the conclusion of the Trial Court that the word "correct" was typed in place of "incorrect" is too far fetched and without any basis.