SURESH Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.494 of 2003 seeks to challenge the judgment and order of the Additional Sessions Judge, New Delhi in Sessions Case No.90 of 2000, arising out of F.I.R. No.209 of 2001, registered at Police Station Sarita Vihar, whereby learned judge vide his judgment dated 26.4.2003 has held the appellant, Suresh, guilty for an offence punishable under Section 302 IPC. Further, vide his separate order dated 28.4.2003, has awarded the appellant, sentence of imprisonment for life together with a fine of Rs.10,000/- and in default of payment of fine, further rigorous imprisonment for one year under Section 302 IPC. The appellant was given the benefit under Section 428 of Code of Criminal Procedure.

(2.) Brief facts of the case as have been noted by the learned Additional Sessions Judge in his judgment under challenge are as follows :-

(3.) Prosecution in order to establish its case examined as many as 13 witnesses. Of these, PW-1, Raju, PW-2, Mahipal and PW-3, Veerpal, are, what may be termed as eye-witnesses, who were present in the field on the night when Chameli was murdered. All the three witnesses support the prosecution's case.