SUNDER LAL Vs. STATE

JUDGEMENT

(1.) The present appeal instituted under the provision of section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assails the judgment dated 21.9.2001 and the order on sentence dated 24.9.2001, rendered by learned Additional Sessions Judge, Tis Hazari, Delhi, in Session Case No. 121/1997, titled as 'State vs. Munna & Ors', emanating from F.I.R No. 222/1997 under section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Jahangirpuri; whereby the appellant, Sunder Lal, was convicted for the offence under Section 302 IPC read with Section 34 IPC and sentenced to undergo imprisonment for life along with a fine of Rs. 2000/-. In default of the payment of fine, the appellant has been sentenced to further undergo a further rigorous imprisonment of 2 months. The benefit of section 428, Cr.P.C, has been granted to the appellant.

(2.) The case of the prosecution as elaborated by the learned Trial Court is briefly encapsulated as follow: -

(3.) Upon completion of investigation, charge-sheet was filed for the offences punishable under section 302/34 IPC and 25/27/54/59 Arms Act, 1959 and charges were framed against the appellant under sections 302 read with 34 IPC. The appellant pleaded not guilty and claimed trial.