(1.) PRESENT appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, is directed against the impugned judgment dated 30.10.2013 and order of sentence dated 12.12.2013 passed by the Learned Additional Sessions Judge in Sessions Case No. 61/2012 imposing sentence of imprisonment for life and a fine of Rs. 5,00,000/ - for the offence punishable under Section 302 read with Section 120 -B of Indian Penal Code and in default of payment of fine, to further undergo simple imprisonment for three years. The appellant was also sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 203 of Indian Penal Code.
(2.) BRIEF facts of the case, as noticed by the learned Trial Court, are as under:
(3.) LEARNED counsel for the appellant further submitted that the Learned Trial Court has failed to appreciate that there is no evidence on record to prove the alleged conspiracy between the appellant and one Rashid (who is absconding) to commit the offence, thus the conviction of single accused under Section 120 -B of Indian Penal Code is wholly invalid and erroneous. To support his contention, the learned counsel for the appellant relied upon the case of M.G. Aggarwal vs. State of Maharashtra : AIR 1963 SC 200, wherein it was held that: