RAM SURAT Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the impugned judgment, dated 13.07.2012, and the order of sentence, dated 18.07.2012, respectively passed by the learned Additional Sessions Judge-II, North West Rohini Courts, Delhi in case FIR No.96/2011, P.S.-Ashok Vihar, whereby the appellant has been convicted under Sec. 302 of the Indian Penal Code (IPC), 1860 and sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 50,000.00 and in default of payment of fine, further undergo simple imprisonment for a period of three months.

(2.) The case of the prosecution, as noticed by the Trial Court, is that, on 15.4.2011, DD No.8A was received at Police Station Ashok Vihar regarding a dead body lying near

(3.) On 15.4.2011, at 5:40 AM, he informed the police that, when he was going from his jhuggi to attend the call of nature, he saw Ram Surat abusing Veer Bahadur who was sleeping on the takhat and Ram Surat was holding a heavy stone in his hands, with which he was hitting Veer Bahadur. On seeing him, Ram Surat ran towards Keshav Puram side. Thereafter Manoj Kumar Shah raised an alarm and the police was informed.