NARESH KUMAR Vs. STATE

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 08.10.1998 and 09.10.1998, respectively, whereby the learned Additional Sessions Judge, Delhi, has convicted the appellant for committing an offence punishable under Section 302 Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced him to undergo life imprisonment together with fine of Rs. 1000/- and in default of payment to further undergo rigorous imprisonment for a period of six months.

(2.) In brief, the case of the prosecution is as follows:

(3.) To prove its case the prosecution had examined in all 22 witnesses. After the evidence was led by the prosecution, incriminating evidence were put to the appellant while recording his statement under Section313 Cr.P.C and in reply thereto the appellant claimed his innocence and false implication. No evidence, however, was adduced by the appellant in defence.