VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) BY this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C), Appellant­ Vinod Kumar seeks to challenge the Judgment dated 27th August, 1999 and Order on Sentence dated 31st August, 1999 passed by the Court of Shri I.C. Tiwari, Ld. Additional Sessions Judge, Shahdara, Delhi, whereby the appellant has been convicted for committing an offence punishable under Section 302 Indian Penal Code, 1806 (hereinafter referred to as IPC) and sentenced to undergo Imprisonment for life together with imposition of fine of Rs.2,000/ and in default thereof to undergo Rigorous Imprisonment for a period of one year.

(2.) THE prosecution story as has been unfolded in the Charge Sheet filed by the prosecution is as under:

(3.) IN order to afford an opportunity to explain circumstances appearing in evidence against the accused person, he was examined under section 313 Cr.P.C. His case has been of denial simplicitor. He claimed his implication in the instant case to be false and fabricated at the hands of investigating agency. However, he has not examined any witness in his defense.