KRISHAN Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure for setting aside the judgment dated 12.7.2013 and order on sentence dated 16.7.2013 passed by learned Additional Sessions Judge, Rohini Courts, Delhi, in case FIR No.1674/06 registered under Sections 302/397/34 IPC at Police Station Sultan Puri, by which the appellant has been convicted to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with fine of Rs.5,000/ - and in default of payment of fine to undergo further simple imprisonment for six months. The appellant was further directed to undergo Rigorous Imprisonment for the period of seven years with fine of Rs.3,000/ - for the offence punishable under Section 397 of the Indian Penal Code and in default of payment of fine Simple Imprisonment for three months. It was directed that both the sentences would run concurrently and benefit of section 428 was given to the appellant.

(2.) THE case of the prosecution, as noticed by the trial court in its judgment dated 12.7.2013, is as under:

(3.) WE have heard learned counsel for the parties and examined the trial court record, the evidence and the judgment passed by the trial court. PW -3, Deepak Kumar, who is the husband of the deceased, has supported the case of the prosecution and has given details as to how on hearing the noise of his wife he immediately came out of the room with Vijay, his cousin brother, and saw two boys were present on the roof. He further testified that one of the boys had gagged his wife's mouth while the other was holding a brick in his hand, which he hit on her wife's head. The person, who had hit the wife of PW -3 with a brick, was apprehended. He was given beatings by the neighbours. He disclosed his name as Krishan, appellant herein. PW -3 identified the appellant in Court. It is further testified by PW -3 that at Sanjay Gandhi Memorial Hospital her wife was declared dead. PW -3 also testified that the appellant had disclosed the name of the other boy as Praveen. PW -6, Vijay Kumar, cousin brother of PW -3, Deepak Kumar, has testified on the lines of PW -3.