MAHESH BABU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.05.1997 delivered by the learned Additional Sessions Judge, Delhi in Sessions case No. 29/1996 arising out of FIR No. 333/1992 of Police Station Railway Main Delhi (RMD) under section 302 IPC and Sessions case No. 46/1996 arising out of FIR no. 294/1992 of Police Station Lahori Gate under section 27 of the Arms Act, 1959. By virtue of the impugned judgment, the appellant was found guilty of having committed the offence punishable under section 302 IPC in respect of the murder of constable Raj Kishore of Delhi Police. The appellant was an officer of Uttar Pradesh police and he had used his service revolver for committing the aforesaid crime. As such, by virtue of the impugned judgment, the appellant was convicted under section 27 of the Arms Act as well.

(2.) The appeal is also directed against the order on sentence dated 29.05.1997 whereby the appellant has been sentenced to rigorous imprisonment for life and to pay a sum of Rs. 1000/-by way of fine under section 302 IPC, for having committed the murder of constable Raj Kishore. In respect of the unlawful use of the service revolver, the appellant was sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs. 1000/-. In default of the payment of fine he was required to undergo rigorous imprisonment for a further period of one year. The sentences were to run concurrently and the benefit of section 428 Cr. P.C. was given to the appellant.

(3.) The charges were framed on 06.04.1993. In the first instance the appellant was charged of having committed the murder of constable Raj Kishore on 09.11.1992 at about 4 a.m. near VIP Parking Road in an area of police station Railway Station Delhi Main, intentionally, by use of a revolver and thereby having committed the offence punishable under section 302 IPC. Additionally the appellant was also charged for having committed an offence under section 27 of the Arms Act.