DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS D.B. Criminal appeal under section 374(2) Cr.P.C. has been filed against the judgment and order dated 3rd January, 2003 passed by the learned Additional Sessions Judge (Fast Track) Alwar in Sessions Case No.32/2002 (41/2002) whereby the accused-appellant has been convicted and sentenced as under: Under section 302 IPC Imprisonment for life with a fine of Rs.5,000/-, in default of payment of fine to further undergo one year rigorous imprisonment. Under section 4/25 of the Arms Act two years rigorous imprisonment and fine of Rs.1,000/-, in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) BOTH the above sentences were ordered to run concurrently.

(3.) AFTER close of the prosecution evidence the explanation from the accused was sought under section 313 Cr.P.C. The accused in the explanation stated that he has been falsely implicated in the case and he was not even available at the spot on the day of incident. No evidence in defence was produced.