(1.) This appeal is directed against the judgement and order of conviction passed by learned Sessions Judge, Andaman & Nicobar Islands, Port Blair dated 10/11.03.2015 whereby and whereunder learned Sessions Judge has convicted the appellant under Sec. 147 and 302 IPC and thereafter sentenced the appellant to suffer simple imprisonment of one year and six months and to pay a fine of Rs. 2000/ - in default for simple imprisonment of three months for the offence under Sec. 147 of Indian Penal Code and further sentenced him to suffer life imprisonment and to pay a fine of Rs. 5000 in default to suffer simple imprisonment for six months for the offence under Sec. 302 of Indian Penal Code. Both the sentences shall run concurrently.
(2.) Being aggrieved by and dissatisfied with such judgement of conviction and sentence the appellant has preferred this appeal under Sec. 374 (2) of Criminal Procedure Code, 1973. The specific challenge to such judgement of conviction and sentence is that learned Sessions Judge has failed to consider that the witnesses did not corroborate each other in material particulars and thereby prosecution has failed to bring home the charges against the appellant. The appellant has further challenged such order of conviction on the ground that learned Sessions Judge did not discuss the evidences on record in it's true perspective and thereby came to an erroneous decision in the case under reference.
(3.) We are duty bound to discuss the entire gamut of the case taking into account the evidences on record being first appellate court and therefore, it would not be out of place to mention in brief about the facts of the case including the evidences recorded by learned Session Judge.
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