BASANT Vs. STATE OF MADHYA PRADESH GOVT.

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] against the judgment dtd. 28/6/2011 passed by the Court of 3rd Additional Sessions Judge, Indore in S.T.No.1042/2009, whereby the appellant has been convicted under Sec. 302 of Indian Penal Code, 1860 (in short IPC) and under Sec 25(1)(1-B) of Arms Act and sentenced to undergo life imprisonment with fine of Rs.1,000.00 and 1 year R.I. with fine of Rs.500.00 with default stipulation.

(2.) Prosecution story in brief is as follows:

(3.) Learned trial Court considering the material prima-facie available on record, framed the charges u/S 302 of IPC and Sec. 25 of Arms Act against the appellant, who abjured his guilt and prayed for trial. In his statement recorded u/S 313 of Cr.P.C., the appellant pleaded his false implication in the matter.