ASLAM ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment passed by the learned Additional Sessions Judge in Sessions case No. 128/96 arising out of FIR No. 93/92 registered under Sections 302/394/397/34 IPC at police station Mansarover Park on 14.05.1992. By virtue of the impugned judgment, the Appellants Aslam @ Pappu and Abdul Hakim @ Abdul Salim have been convicted for the offences under Sections 392/34 IPC and 302/34 IPC. By virtue of order of sentence dated 17.5.1997, both the Appellants were sentenced under Section 302/34 IPC to undergo rigorous imprisonment for life each and to pay a fine of 2000/- each and in default of payment of the fine, to further undergo rigorous imprisonment for one month. Both the Appellants were further sentenced under Section 392/34 IPC to undergo rigorous imprisonment for seven years each and to pay a fine of ' 2000/- each and in default whereof to further undergo rigorous imprisonment for one month. The sentences were directed to run concurrently.

(2.) We may point out at this stage itself that charges were framed against the present Appellants as also one Abdul Salam @ Salam son of Pir Baksh. He was, however, acquitted by the trial court. It is the prosecution case that that there was another person by the name of Ashraf who was also involved in the alleged commission of crime but from the formal charge, it appears that Ashraf was declared to be a proclaimed offender.

(3.) As per the charge dated 05.04.1995, it is alleged that the Appellants, on 14.05.1992 at around 10:45 am, opposite shop No. 1/277, G.T. Road, Shahdara, falling in the area of police station Mansrover Park, along with co-accused Ashraf, in furtherance of their common intention, committed robbery of '60,000/- allegedly contained in a bag carried by Ram Chand and thus it is alleged that the Appellants had committed an offence under Section 392/34 IPC. The further charge was that on the said date and place, at about 10:45 am, the Appellants along with the co-accused Ashraf, in furtherance of their common intention, intentionally and knowingly, caused the death of Ram Chand and thus committed the offence under Section 302/34 IPC.