SATYA BHUSHAN JAIN Vs. STATE

JUDGEMENT

(1.) THE appellant is aggrieved by the impugned judgment dated 25-02-2009 delivered by the learned Additional Sessions Judge-V, district North-West, Rohini courts, Delhi in Sessions Case No. 100/2008 arising out of FIR no.527/2002 registered at police station Shalimar Bagh under sections 302/328/394/415/120- B/34 of the Indian penal code. By virtue of the impugned judgement, the appellant Satya Bhushan Jain has been convicted of the offence punishable under section 302/394 IPC. THE appellant is also aggrieved by the order on sentence dated 05- 03-2009 passed by the learned additional sessions judge whereby the appellant was sentenced to undergo rigourous imprisonment for life with a fine of Rs. 3000/-for the offence under section 302 IPC. In addition, the appellant has also been sentenced to undergo rigourous imprisonment for 10 years and a fine of Rs. 5000/- for the offence under section 394 IPC. In default of the payment of fine, the appellant is required to undergo simple imprisonment for one year. THE sentence awarded under section 394 was directed to be counted and set off against the substantive sentence in view of the provisions of section 428 of the code of criminal procedure, 1973.

(2.) THE background facts as set out in the impugned judgement are as follows:-

(3.) ON 16-10-2003, the following charges were framed against the present appellant Satya Bhushan Jain alias Bunty and the co-accused Pintoo Kumar alias Vishal Kumar:-