- (1.) Appellant viz., Sanjay @ Taldiya S/o. Gokal Ram has preferred instant criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 to assail judgment dated 30.09.2004 rendered by the Additional Sessions Judge, Khetri, whereby he was held guilty for offences punishable under Sections 302 and 377 of Indian Penal Code.
(2.) Having pronounced appellant guilty, vide a separate order of even date, the trial Court sentenced him as under :- For commission of offence under Section 302 I.P.C., he was sentenced to undergo life imprisonment and to pay a fine of 1000/-, in default of payment of fine to further undergo six months simple imprisonment. For commission of offence under Section 377 I.P.C., he was sentenced to undergo five years rigorous imprisonment and to pay a fine of 200/-, in default of payment of fine to further undergo six months simple imprisonment.
(3.) It is a case of circumstantial evidence, as no eye witness has been examined by the prosecution.;