RANJEET SINGH Vs. STATE

JUDGEMENT

(1.) While Crl.A. No.896/2004 has been filed on behalf of appellant- convict Ranjeet Singh, Crl.A. No.619/2005 has been filed on behalf of appellant-convict Balwant Singh. Both the appeals have been filed challenging the judgment dated 24th August, 2004 and the order on sentence dated 26th August, 2004 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 1040/2001 arising out of FIR No.935/2000 registered with Police Station Rajouri Garden, whereby both the appellant-convicts have been sentenced to undergo imprisonment for life with fine of Rs.500/- under Sections 302/34 IPC.

(2.) It is pertinent to mention that this Court had suspended the sentence of the appellant-convict Ranjeet Singh vide order dated 18th November, 2006 and of appellant-convict Balwant Singh vide order dated 22nd May, 2007. Thereafter, appellant-convict Balwant Singh has been untraceable and notice could not be served upon him or his sureties. Even the non-bailable warrant issued against him could not be executed on account of his non-availability. Consequently, this Court in accordance with the judgment of the Apex Court in Christopher Raj vs. K. Vijayakumar, (2019) 7 SCC 398 and Shankar Vs. State of Maharashtra, 2019 LawSuits (SC) 1574 appointed Ms. Aishwarya Rao, Advocate (who was already appearing for co-convict Ranjeet Singh) as the Amicus Curiae to represent appellant-convict Balwant Singh vide order dated 21st October, 2019. Also, despite being granted bail in the present case, appellant-convict Ranjeet Singh is presently lodged in jail on account of other cases registered against him.

(3.) Briefly stated, the case of the prosecution is that on 28 th September, 2000, the appellant-convict Ranjeet Singh had gone to the house of his mother-in-law i.e. Ms. Pyar Kaur (PW-1), where after pouring kerosene over his wife Babbal, he burnt her. The appellant-convict Ranjeet Singh was accompanied by his friend and co-convict Balwant Singh. The appellant- convicts fled the spot after the incident.