RAMESHWAR Vs. STATE

JUDGEMENT

(1.) By this appeal the appellant assails the order and judgment dtd. 15/2/2016 whereby he was convicted for offence punishable under sec. 302 IPC and has been awarded rigorous imprisonment for life vide order on sentence dtd. 22/6/2016 and to pay a fine of Rs.20,000.00 and in default thereof, to further undergo simple imprisonment for six months.

(2.) As per the prosecution, on the intervening night of 31/5/2012 and 1/6/2012 at about 1:30 AM, victim (deceased) was assaulted by the appellant (accused) with an intention to kill and thereby caused his death. This crime was committed in front of Reliance Fresh Metro Food Bazar, 86, Local Shopping Complex, Vivekanand Puri, Sarai Rohilla, Delhi. On 3/6/2012, after completion of investigation, the appellant was arrested. Learned Trial Court framed charge under Sec. 302 IPC to which the appellant pleaded not guilty and claimed trial.

(3.) Prosecution examined 24 witnesses in support of its case; statement of appellant was recorded under Sec. 313 Cr.P.C.; no evidence was led in defence by the appellant. Submissions by the appellants: