RAJ KUMAR @ RAJESH PANDIT Vs. STATE

JUDGEMENT

(1.) THE Appellant impugns a judgment dated 06.09.2010 and the order on sentence dated 10.09.2010 whereby the Appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code (IPC) and was sentenced to undergo imprisonment for life with fine of Rs. 1,000/- and in default of payment of fine he was sentenced to undergo RI for one month.

(2.) ON receipt of a wireless message from Lady Constable Sham Kaur (number 8040/PCR), a DD No.28-A dated 22-23.03.2009 was recorded in the Police Station (PS) Parliament Street at about 1:50 P.M. to the effect that screams of Bachao-Bachao' could be heard from near Kothi number 48, Rakab Ganj Road and people were running here and there. The information was passed on to ASI Kapoor Singh (PW-9) who along with Constable Sanjay (PW-12) was present near Gurdwara Rakab Ganj, as they were inquiring into an incident recorded through DD No.24-A, when they reached the park in front of Kothi No.18 they found one lady was crying, and they also saw that one fat person was beating a thin person with a brick. They noticed that the thin person had expired due to the injuries inflicted by the fat person i.e. the Appellant Raj Kumar.

(3.) THE Appellant was examined under Section 313 Cr.P.C. in order to give him an opportunity to explain the incriminating evidence produced against him by the prosecution. He denied the prosecution's allegations and pleaded false implication. She did not produce any evidence in his defence.