RAJESH REKWAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These two appeals on behalf of the appellants Rajesh Rekwar and Moti @ Mohit are directed against the judgment dated 26.02.2010 delivered by the learned Additional Sessions Judge, South-East-02, New Delhi in Sessions Case No.53/2008 arising out of FIR No.428/2004 registered at police station Defence Colony under Sections 302/380/201/411/34 IPC. By virtue of the impugned judgment, the appellants Rajesh Rekwar and Moti @ Mohit were found guilty of having committed the offence punishable under Section 302 read with Section 34 IPC as also for the offence punishable under Section 380 IPC read with Section 34 IPC. The appeals are also directed against the order on sentence passed by the learned Additional Sessions Judge on 02.03.2010, whereby both the appellants Rajesh Rekwar and Moti @ Mohit were sentenced to imprisonment for life in respect of the offence under Section 302/34 IPC and were also sentenced to pay a fine of Rs 2000/- each. Insofar as the offence under Section 380/34 IPC is concerned, the appellants were sentenced to rigorous imprisonment for three years and were further directed to pay a fine of Rs 1,000/- each. In default of payment of fine, they were to undergo simple imprisonment for one month. The sentences were directed to run concurrently and the benefit of Section 428 CrPC was given to both the appellants.

(2.) The charge against the appellants, as framed by the learned Additional Sessions Judge on 03.05.2006, was that on the intervening night of 13/14-08- 2004 at time unknown at House No.24, Annexe Building, First Floor, Anand Lok, Delhi, the appellants, in furtherance of their common intention, committed the murder of Pushkin and Kuldeep and, thereby they committed an offence under Sections 302/34 IPC. The second charge against the appellants was that on the said date, time and place, they had committed theft of a car bearing Registration No.DL3C Y-8012 (Opel Corsa), one HP Laptop, one instant camera, one Philips DVD Player, one Nokia mobile phone having No.9810545330, one Seiko wrist watch, one portable CD Player with speakers, one leather bag, one handcuff, some clothes, cash, CDs, Credit Cards of ICICI, UTI, Standard Chartered Bank and other articles belonging to Pushkin son of Shri Anil Chandra and thereby they had committed an offence under Section 380/34 IPC.

(3.) As pointed out above, both the charges against the appellants were found to have been established and, therefore, the learned Additional Sessions Judge convicted and sentenced them accordingly.