VIRENDER KUMAR ALIAS BABLEY Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant herein was convicted under Sections 30/34 Indian Penal Code and was sentenced to undergo imprisonment for life. He was also convicted under Section 25 of the Indian Arms Act and was also sentenced to 2 years rigorous imprisonment on this count. The orders of conviction and sentence are dated 11th of November 1986. The appellant has made a grievance against this order of conviction and sentence.

(2.) At trial on Bharat and Lalit, alleged to be two more accomplices of the appellant, were also charged under Sections 302/34 Indian Penal Code but have been acquitted by the learned Additional Sessions Judge, though the case against., them also rested on the same set offacts and evidence. It was held in respect, of these two persons that the prosecution has failed to establish their involvesment beyond reasonable doubt. Pursuant to an order of this court dated 8th of December 1936 the sentence of the appellant suspended and be is on bail ever since then.

(3.) Stating briefly the facts are that on 28th of October 1982 at about 430 P.M. while the deceased Gulshan Kumar was returning on a rickshaw from Navin Shahdara, be was faced by the appellant and his two alleged accomplices who were coming his front on a motor cycle. They are said to have parked the motor cycle in front of the cycle rickshaw. The deceased Gulshan Kumar was frightened and in his attempt to get down from the rickshaw his part got entangled and.he fell down. It is alleged that at this, stage the appellant caught bold of the deceased from bebind while Bharat fired a shot from a pistol but missed the target. The second shot fired by Bharat passed-by the ear of the appellant. It wai at this stage the appellant is Mated to have inflicted knife injuries on the deceased. The other two accused are also stated to have given knife injuries to the deceased. It is also alleged that the appellant thereafter took the pistol from Bharat and asked them to escape.