TAYYAB Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By this appeal filed under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C."), the appellant seeks to challenge the impugned judgment and order on sentence dated 28.07.2010 and 03.08.2010, respectively, whereby the learned Additional Sessions Judge, Delhi, has convicted the appellant for committing an offence punishable under Sections 302/323/34 Indian Penal Code, 1860(hereinafter referred to as "IPC") and sentenced him to undergo rigorous imprisonment for life together with imposition of fine of Rs.20,000/- and in default of payment of fine, the appellant was directed to undergo further simple imprisonment for a period of one year. The appellant was also sentenced to undergo simple imprisonment for a period of six months for committing an offence punishable under Section 323 of IPC. Both the sentences were directed to run concurrently.

(2.) Before we deal with the contentions raised by learned counsel for the parties, it would be appropriate to give a brief narration of the prosecution case, which is as under:-

(3.) To bring home the charges, the prosecution in all examined 17 witnesses. In their statements recorded under Section 313 Cr.P.C., the accused denied their complicity in the crime and pleaded that they were falsely implicated in the case. In defence, the accused persons had examined 3 witnesses.