VIRENDER Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, Cr.P.C.) and is directed against the judgment dated 7.4.2012 and order on sentence dated 18.4.2012 passed by the learned Additional Sessions Judge in Session's Case No. 729/2007, by virtue of which the appellant has been convicted under Sections 302/201 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), and sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 1,00,000/ - for the offence punishable under Section 302 of IPC, and in default of the payment of fine to further undergo Simple Imprisonment for a period of six months. The appellant was further sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 2,000/ - for the offence punishable under Section 201 of IPC and in default of payment of fine to further undergo Simple Imprisonment for five Rs.1 days. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the case as noticed by the trial court are that:

(3.) AFTER completion of investigation, charge sheet for the offence under section 364/302/201/34 of IPC was filed. All the accused entered the plea of not guilty and claimed trial. The prosecution relied on the testimonies of 28 witnesses, besides the exhibits produced during the trial. The Trial Court, after considering them, convicted appellant/accused for offences under section 302/201 of IPC and acquitted the accused Rohtash and Narender for the reason that the prosecution failed to connect them with the crime.