KUNDAN SINGH Vs. THE STATE

JUDGEMENT

(1.) In this appeal, Kundan Singh challenges judgment dated 18th January, 2014, passed in S.C. No. 32/2008 arising out of charge sheet filed in FIR No. 592/07, Police Station Mehrauli, convicting him under Sec. 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of his friend Vipin Kumar. The appellant has also been convicted under Sec. 201 and 404 IPC.

(2.) By order on sentence dated 21st January, 2014, the appellant has been sentenced to imprisonment for life, fine of Rs. 15,000/ - for the offence under Sec. 302 IPC with a direction that in default of payment of fine, the appellant shall undergo rigorous imprisonment of one year. For the offence under Sec. 201 IPC, the appellant has been sentenced to rigorous imprisonment of seven years, fine of Rs. 5,000/ -, and in default of payment of fine, to undergo rigorous imprisonment of six months. For the offence under Sec. 404 IPC, the appellant has been sentenced to three years? rigorous imprisonment and a fine of Rs. 5,000/ -. On failure to pay the fine, the appellant will undergo rigorous imprisonment of six months. Benefit of Sec. 428 Code of Criminal Procedure, 1973 (Cr.P.C) would be given.

(3.) Before we elucidate and adjudicate upon the contentions raised by the appellant with reference to the evidence led by the prosecution, it would be appropriate to note the case of the prosecution in brief.