VINOD CHAVNI Vs. STATE OF DELHI

JUDGEMENT

(1.) Challenge in the present appeal is the impugned judgment and order on sentence dated 16.01.2008, whereby the learned Additional Sessions Judge had convicted the appellant for the commission of offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") and sentenced him to undergo imprisonment for life together with fine of Rs.5,000/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.

(2.) The case of the prosecution in brief is reproduced as under:-

(3.) To prove its case the prosecution had examined 19 witnesses. Statement of the accused was recorded by the learned Trial Court under Section 313 Cr.P.C. Accused was confronted with the entire incriminating evidence produced against him and in response to various questions, the defence raised by the accused was of false implication and denial of knowledge about many incriminating facts. In response to question No. 30 the stand taken by the accused was that in the year 2004 police of P.S. Mangolpuri had falsely implicated him in a case in which he was acquitted. He further stated that he was given injuries on his head by the police and when he was produced before the Court in connection with a case of theft he narrated the entire incident to the Magistrate. He further stated that it was thereafter, that he was threatened by the police with false implication in a criminal case i.e. how he was made an accused in the present case. Limited to the raising of the said plea of false implication the accused, however, lead no evidence in his defence.