SANJAY Vs. STATE

JUDGEMENT

(1.) The present Appeal is instituted on behalf of the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, (hereinafter referred to as "Cr.P.C.") against the impugned judgment dated 26.03.2003 and order on sentence dated 28.03.2003 passed by the Court of learned Additional Sessions Judge, Delhi, in Session Case No. 133/2001 in FIR No.160/2001, registered at Police Station Hari Nagar under Section 302 of the Indian Penal Code,1860 (hereinafter referred to as "IPC") whereby the appellant was convicted for the offence punishable under Section 302 IPC and sentenced to rigorous imprisonment for life alongwith a fine of Rs.5,000/-, in default of payment of fine, to further undergo simple imprisonment for a period of five months.

(2.) Brief facts of the case as noticed by the Learned Trial Court, are as under:

(3.) After completion of investigation, the charge sheet was filed U/s 302 IPC. Ld. M. M. after complying with provisions of Section 207 Cr.P.C committed the case to Sessions Court as the offence punishable U/s 302 IPC is exclusively triable by Sessions Court. Appellant was charged for the offence punishable U/s, Section 302 IPC to which he pleaded not guilty and claimed trial.