DEEPAK @ DEEPU Vs. STATE

JUDGEMENT

(1.) This is an appeal under section 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") assailing the judgment dated 28.02.2013 passed by the Trial Court in Sessions Case 88/2011 arising out of FIR 222/2011 PS Sarai Rohilla, by which the appellant has been convicted for the offence under Section 302 of the Indian Penal Code, 1860 ("IPC"). Challenge is also laid on the order on sentence dated 28.02.2013 by which the appellant has been sentenced to undergo imprisonment for life and fine of Rs. 1,000/-; in default of payment of fine, to undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution, as noticed by the learned Trial Court, is as under:-

(3.) Charge was framed against the appellant/accused under Section 302 I.P.C., to which the appellant pleaded not guilty and claimed trial. In support of its case, the prosecution has examined 17 witnesses. Statement of the appellant was recorded under Section 313 Cr.P.C. wherein he claimed to be innocent and also claimed that he was falsely implicated in the matter. No evidence was led by the defence.