RAVI SHANKAR Vs. STATE

JUDGEMENT

(1.) BELIEVING the testimony of Naresh Chauhan PW -4, the brother of deceased Sonu, and finding corroboration to the fact that the purse Ex.P -1 got recovered by the appellant has been proved to be the stolen property; and keeping in view that the appellant refused to participate in the TIP proceedings, vide decision dated October 19, 2013, the appellant has been convicted for the offence punishable under Section 302, 392 and 397 of the Indian Penal Code. For the offence of murder the appellant has been sentenced to undergo imprisonment for life and pay fine in sum of Rs. 20,000/ - (Rupees Twenty Thousand only), in default to undergo simple imprisonment for six months. For the offence punishable under Section 392 and 397 IPC the appellant has been sentenced to undergo imprisonment for ten years and pay fine in sum of Rs. 5,000/ - (Rupees Five Thousand only), in default to undergo three months simple imprisonment. The order on sentence is dated December 16, 2013.

(2.) THE order on sentence would evidence that the learned Trial Judge has taken note of the fact that the appellant was convicted twice earlier for offences punishable under Section 356, 379 and 34 IPC and once for an offence punishable under Section 25 of the Arms Act and was undergoing trial in two other cases for the offence punishable under Section 326 IPC.

(3.) THE impugned decision of the learned Trial Judge would evidence that certain vital admissions made by Naresh Chauhan PW -4 during cross - examination have been completely overlooked.