RAJESH Vs. STATE

JUDGEMENT

(1.) The present appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assails the judgment and order of conviction and order on sentence dated 27.10.2014 and 31.10.2014 respectively, in Sessions Case No. 62/1/2010, titled as 'State vs. Rajesh s/o Chandan Singh', emanating from FIR No. 57/2010 (hereinafter referred to as the 'subject FIR').

(2.) By way of the impugned judgment and order of conviction and order on sentence dated 27.10.2014 and 31.10.2014 respectively, Rajesh (hereinafter referred to as 'Appellant') was convicted and sentenced under the provision of section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') to Rigorous imprisonment for life along with a fine of Rs. 10,000. In default of payment of fine, the Appellant has been sentenced to undergo simple imprisonment for a further period of six months. However, the benefit of the provision under section 428 Cr.P.C has been granted to the appellant.

(3.) The fulcrum of the case of the prosecution is that on 22.08.2010 around 9:45 PM, the Appellant murdered one Rajbir (hereinafter referred to as the 'deceased') by inflicting a blow on his head with an iron rod in front of the house of Rishal Singh, Phirni Wala Road, Village Kair (hereinafter referred to as the 'crime spot').