WAHID Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) These two appeals impugn a common judgment and order of the High Court of Delhi at New Delhi [The High Court] dtd. 15/11/2018, inter alia, passed in Criminal Appeal Nos. 1015 of 2017 and 1132 of 2017, whereby the appeals of the appellants preferred against the judgment and order of the Additional Sessions Judge-04 (Shahdara), KKD Courts, Delhi (i.e., the Trial Court) dtd. 16/8/2017 passed in Sessions Case No. 78 of 2014 were dismissed.

(2.) The appellants along with two others were tried for offences punishable under Ss. 392/397/411 of the Indian Penal Code, 1860 [IPC] and Sec. 25 of the Arms Act, 1959 [Arms Act] in connection with F.I.R. No. 512 of 2011 at PS Nand Nagri, Delhi.

(3.) Appellant Wahid was convicted by the Trial Court for offence punishable under Sec. 392 read with Sec. 397 IPC, but acquitted under Sec. 411 IPC. For his conviction under Sec. 392 read with Sec. 397 IPC, Wahid was sentenced to undergo rigorous imprisonment of seven years with fine of Rs.5000.00, coupled with a default sentence of two years. Insofar as appellant Anshu is concerned, he was convicted and sentenced under Sec. 392 read with Sec. 397 IPC to seven years of rigorous imprisonment along with fine of Rs.5,000.00, coupled with a default sentence of two years; besides that he was also convicted for offence punishable under Sec. 25(1) of the Arms Act and sentenced thereunder to three years rigorous imprisonment along with fine of Rs.2,000.00, coupled with a default sentence of six months.