JAVED ALI Vs. STATE

JUDGEMENT

(1.) PRESENT appeal filed by the appellant under Section 374 read with Section 482 of Code of Criminal Procedure, is directed against the impugned judgment dated 29.04.2014 and order on sentence dated 05.05.2014 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No. 51/2014 whereby the appellant has been sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with a fine of Rs. 1,00,000/ - and in default of payment of fine to undergo rigorous imprisonment for three years. The appellant has been further sentenced to undergo rigorous imprisonment for three years for the offence under Section 25 of Arms Act, 1959 and a fine of Rs. 3,000/ - and in default of payment of the fine to undergo rigorous imprisonment for six months. The appellant has been further sentenced to undergo rigorous imprisonment for seven years for the offence under section 27 of Arms Act, 1959 and a fine of Rs. 10,000/ - and in default of payment of the fine to undergo rigorous imprisonment for one year.

(2.) BRIEF facts of the case, as noticed by the learned Trial Court, are as under:

(3.) THE prosecution, in the course of the trial, relied upon the testimonies of 47 witnesses and also placed on record several exhibits. After the prosecution evidence, the learned Trial Court examined the appellant under Section 313 of Code of Criminal Procedure wherein he denied all the prosecution allegations leveled against him. He pleaded innocence and stated that he has been falsely implicated in the present case and opted to examine DW1 Hasmat Ali in his defence.