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GURPAL SINGH AHLUWALIA, RAJEEV KUMAR SHRIVASTAVA
Manoj Sen – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. Ahluwalia, J. - This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 17/11/2011 passed by Sessions Judge, Datia in Sessions Trial No.87/2011, thereby convicting the appellant for the following offences:-
| Conviction U/s | Sentence | Fine | Default (in lieu of fine) |
| 302 of IPC | Life Imprisonment | Rs.5,000/- | 3 months SI |
| 25(1)(1-B)(a) of Arms Act | 1 year | Rs.1,000/- | 1 month SI |
| 27 of Arms Act | 3 years RI | Rs.1,000/- | 1 month SI |
All the sentences shall run concurrently.
2. The necessary facts for disposal of the present appeal in short are that on 25/3/2011, at about 11:15 in the night, the complainant Shyam Kumar Tiwari, his younger brother Rammohan Tiwari (deceased), Laxman Purohit and Balveer Thakur were returning back from the house of their relative Anand Belpatri. As soon as they passed in front of Supermarket and came near the shop of Manoj Sen, it is alleged that Manoj Sen was standing there alongwith two unknown persons. After looking at the deceased Rammohan Tiwari, the appellant-Manoj Sen took out a
The quality of evidence and prompt lodging of the FIR are crucial in establishing guilt in criminal cases.
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