SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') against the impugned judgment and order on sentence both dated 20 th May, 1994, in Session Case No. 55/1994, arising out of FIR No.69/1993, registered at Police Station Jahangir Puri.; whereby the learned Trial Court has convicted the accused Sunil Kumar (hereinafter referred to as the 'appellant') for rigorous imprisonment for life.

(2.) Before going into the merits of the present appeal, it is relevant to recapitulate the brief facts of the present case as mentioned in the impugned judgment and the same are as follows:

(3.) Initially a charge under Section 302/34 IPC was framed against the appellant on 18.08.1993. On 22.10.1993 further a charge under Section 324/34 IPC was added against the appellant to which appellant had pleaded not guilty and claimed trial. Kishan @ Laddu was declared proclaimed offender. The prosecution in support of its case had examined 18 witnesses, out of which PW-11 Gopi Nath and PW-16 Ranbir Singh are star witnesses. PW-11 Gopi Nath did not support the prosecution case. Statement of accused was recorded and after hearing arguments, Learned Additional Session Judge, Delhi vide impugned judgment dated 20 th May, 1994, convicted appellant Sunil Kumar for the offence punishable under section 302/34 IPC and Section 324/34 IPC and vide order of the same date i.e. 20 th May, 1994, he was sentenced to undergo imprisonment for life and a fine of Rs.3000/- under Section 302/34 I.P.C. and in default of fine to undergo R.I. for a period of one year, and for the offence under Section 324 read with Section 34 I.P.C., he was sentenced to one year of rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine rigorous imprisonment for one month. All the sentences were ordered to be run concurrently.