DEEPAK DEV NATH Vs. STATE

JUDGEMENT

(1.) Present appeal filed by the appellant is directed against the judgment of the learned trial court dated 27.09.2013 and order on sentence dated 03.10.2013 whereby the appellant had been sentenced to undergo imprisonment for life and a fine of Rs. 5,000/- for an offence punishable under Section 302 of the Indian Penal Code and in default of payment of fine to further undergo simple imprisonment for three months. The appellant had also been sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 5,000/- for an offence punishable under Section 201 of the Indian Penal Code and in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Brief facts of the case, as noted by the learned trial court are :

(3.) In order to bring home the guilt of the appellant the prosecution has examined twenty nine witnesses in all. Statement of the appellant was recorded under Section 313 of the Code of Criminal Procedure wherein he admitted that Sh. Ranbir Kumar Nindra, father-in-law of the complainant was in constant coma for last 8-9 years and the deceased Smt. Vijay Nindra, aged about 60 years, was residing in her house with her husband. The appellant also admitted that he used to visit the deceased and her husband as an attendant. The appellant claimed to be innocent and stated that he had been framed by the police in connivance with other attendant / servant of the house. During trial, the appellant opted not to lead any evidence in his defence.