AVDHESH Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") against the judgment dated 02.02.2017 by which the appellant Avdhesh has been held guilty for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as "IPC"). Challenge is also made to the order on sentence dated 07.02.2017 by which the appellant has been sentenced to imprisonment for life with a fine of Rs. 5,000/- for the offence under Section 302 of IPC and in default of payment of fine, to further undergo simple imprisonment for a period of six months.

(2.) We may note that when the application seeking bail was taken up for hearing, both the counsels agreed that the appeal itself may be disposed of.

(3.) The case of the prosecution as noticed by the learned Trial Court reads as under: