KAMAL KISHORE Vs. THE STATE

JUDGEMENT

(1.) By this appeal filed under section 374 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), the appellants seek to challenge the impugned judgment dated 19.11.1999 and order on sentence dated 22.11.1999, whereby the appellants herein were convicted for committing offences punishable under Section 302/452/506/34 Indian Penal Code, 1860 ( hereinafter referred to as 'IPC') and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000 each and in case of default, to undergo simple imprisonment for a period of one month, for an offence committed u/s 302 IPC. The appellants were further sentenced to undergo RI for one year and pay fine of Rs.500/- for offence under section 452 read with section 34 IPC, in default thereof to undergo SI for 15 days and were also ordered to undergo RI for one month for offence under section 506 read with section 34 IPC.

(2.) The facts germane to the case of the prosecution are:

(3.) To prove its case the prosecution examined as many as 22 witnesses. After the completion of the prosecution evidence, statement of the accused persons were recorded under Section 313 of the Cr.P.C. wherein the entire incriminating evidence was put to them, to which they pleaded innocence and false implication and voluntarily submitted that no recovery was made from them. The defense examined two witnesses, i.e. DW1- Rattan Chand and DW-2 Sukhi Ram.