MOHD MISTER Vs. STATE

JUDGEMENT

(1.) The appellant vide the present appeal assails the impugned judgment dated 08.02.2019 of the learned ASJ/FTC/E-Court/ Shahdara, Karkardooma Court, Delhi in Sessions Case No.7/2013, vide which the appellant herein was convicted for the offences punishable under Sections 328/379/34 of the Indian Penal Code, 1860 and the impugned order on sentence dated 15.02.2019 vide which the appellant was sentenced to undergo Rigorous Imprisonment for a period of 4 years and to pay a fine of Rs.2,000/- and in default of the payment of the said fine to further undergo Simple Imprisonment for a period of one month qua the offence punishable under Section 328/34 of the Indian Penal Code, 1860; to undergo Rigorous Imprisonment for a period of two (2) years and to pay a fine of Rs.2,000/- and in default of the payment of the said fine to further undergo Simple Imprisonment for a period of one month qua the offence punishable under Section 379 of the Indian Penal Code, 1860 with directions to the effect that both the sentences would run concurrently with the benefit of Section 428 of the Cr.P.C., 1973 having been given to the appellant. Vide the impugned order on sentence dated 15.02.2019, the learned Trial Court also imposed a compensation of Rs.10,000/- to be paid by the convict i.e. the appellant herein to the complainant namely Rajiv Kumar Singh and in default of the payment of the said compensation, the convict i.e. the appellant herein was directed to undergo Simple Imprisonment for a period of three months.

(2.) The nominal roll dated 18.10.2019 received in the instant case from the Superintendent Central Jail No.12, Mandoli, Delhi indicates that the appellant till the said date had undergone 1 year 8 months and 5 days of the imposed sentence.

(3.) Notice of the appeal was issued to the State. Submissions have been made on behalf of either side. PROSECUTION VERSION