SURENDER PRASHAD Vs. STATE

JUDGEMENT

(1.) By this appeal filed under Section 374 Criminal Procedure Code, 1973 (hereinafter referred to as "CrP.C"), the appellant seeks to challenge the judgment dated 12.04.2001 whereby the appellant has been convicted for committing an offence punishable under Sections 302/363/364/201 Indian Penal Code Code, 1860 (hereinafter referred to as "IPC") and vide order on sentence dated 16.04.2001, he has been sentenced to undergo imprisonment for life and payment of fine of Rs. 1000/- and in default thereof to further undergo rigorous imprisonment of three months under section 302 IPC; imprisonment for life and payment of fine of Rs. 1000/- and in default thereof to further undergo rigorous imprisonment of three months under section 364 IPC; rigorous imprisonment to 7 years and to payment of fine of Rs. 1000/- and in default thereof to further undergo rigorous imprisonment of three months under section 363 IPC and rigorous imprisonment of 3 years and payment of fine of Rs. 1000/- and in default thereof to further undergo rigorous imprisonment of three months under section 201 IPC.

(2.) The case of the prosecution as set out in the charge sheet can be summarised as under:-

(3.) To prove its case, prosecution had in all examined 20 witnesses. After evidence of prosecution, the accused was examined under Section 313 Cr. P.C., wherein he denied the prosecution case and pleaded innocence. He specifically denied that Suresh Yadav (PW-3), father of the deceased owed any money to him. He also denied that he stopped going to the factory of Pankaj Jain since 19th January, 1999. In fact, he explained in his statement under Section 313 Cr. P.C., that he attended the factory till the evening of 12th January, 1999. No witness was however examined by the accused in his defence.