RAVI Vs. STATE

JUDGEMENT

(1.) THE appellant herein has been convicted for the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/- in default to undergo RI for one year. Challenging the same, this appeal has been filed.

(2.) THE necessary facts for the disposal of this appeal are as follows:-

(3.) THE learned counsel appearing for the appellant would strenuously contend that the consistent explanation given by the appellant/accused from the beginning is that he did not commit the crime in question, but on the other hand, he was asked to come to the house of the deceased to collect the amount and therefore, he went to the house of the deceased and he saw the body in a pool of blood and as such, he is not the culprit. Of course, even when he was examined by the learned Judicial Magistrate P.W.10 while giving 164 statement, he stated that he did not commit the crime and he was asked to come to the house by the deceased herself and therefore, he went to the house of the deceased to collect the amount. But, the fact remains that the bloodstained shirt and pant viz., M.O.1 and M.0.20 worn by the appellant/accused tallies with the blood group of the deceased. Further, with regard to the injuries sustained by him, it is noticed that the appellant/accused stated before P.W.11, the Doctor who examined him on 29.11.2001 at 10.15 a.m. that he sustained those injuries in a scuffle between himself and a lady on 28.11.2001 at 2.30 p.m. THE appellant/accused has not stated so in the 164 statement given by him before P.W.10, the learned Judicial Magistrate.