DIWANA ALIAS SETTU Vs. STATE REP

JUDGEMENT

(1.) The sole accused in a case of murder, wherein he was found guilty under Section 304(ii), 323 I.P.C. and 25(1)(a) of Indian Arms Act and sentenced to undergo R.I. for five years under Section 304(ii) I.P.C. and three months S.I. under Section 323 I.P.C. and six months R.I. under Section 25(1)(a) of Indian Arms Act has brought forth this appeal.

(2.) The short facts necessary for the disposal of this appeal can be stated thus:

(3.) In order to prove the charges levelled against the accused, the prosecution examined 16 witnesses and marked 24 exhibits and 10 M.Os. The accused was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false. No defence witnesses were examined. After hearing the rival submissions and scrutiny of the materials available, the trial court found the accused guilty under Sections 304(II), 323 I.P.C. and 25(1)(a) of Indian Arms Act and sentenced to undergo imprisonment as stated supra.