RAJESH ALIAS RAKESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order on sentence dated 05.07.1997 and 07.07.1997, respectively, passed by the Court of Additional Sessions Judge, Shahdara, Delhi, in case No. 21/96, FIR No. 39/84 P.S. Seelampur, Delhi whereby the appellant was convicted under Section 302 read with Section 34 of Indian Penal Code and was sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, and in default thereof, to undergo rigorous imprisonment for six months. The appellant was also convicted under Section 323 read with Section 34 IPC and ordered to pay a fine of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for one month and was also convicted under Section 27 of the Arms Act, 1959 and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- and in default thereof to undergo rigorous imprisonment for one month.

(2.) If we synchronize the prosecution evidence and the story, the following chronology of events emerges:-

(3.) After the investigation challan was filed under Section 302 readwith Section 34 of the IPC against Om Pal @ Baboo, appellant Rakesh @ Rajesh and Bijender. Another charge under Section 27 of the Arms Act, 1959, was filed against the appellant Rakesh. A separate challan was filed against Kirpal in the children's Court, as he was under age at that time. The accused persons pleaded not guilty and claimed trial.