AVINASH KUMAR ALIAS SANJAY Vs. STATE

JUDGEMENT

(1.) THE Appellants, Nirmal Kumar, Avinash Kumar @ Sanjay, Prakash Kumar @ Munna and Parvesh Sharma @ Sonu (hereafter referred to by their names) impugn the judgment dated 24.09.2010 and the order on sentence dated 27.09.2010 in Sessions Case No.64/08, whereby they were held guilty of the offence punishable under Sections 302/120-B/ 392/120-B/394/120-B/397/120-B of the Indian Penal Code (IPC) read with Section 27 of the Arms Act. All the Appellants were awarded sentences as under:-

(2.) THE Trial Court, relying on Swami Shradhanand v. State of Karnataka, 2008 (13) SCC 767, further ordered that the imprisonment for life in the case would be actual sentence of 30 years a"...... Rigorous imprisonment of life imprisonment along with fine of Rs. 1,000/- (Rupees One Thousand) each, in default of payment of fine Simple Imprisonment for 6 (Six) months for offence punishable under Section 120B IPC. .... Further, Rigorous imprisonment of life imprisonment along with fine of Rs. 1,000/- (Rupees One Thousand) each, in default of payment of fine Simple Imprisonment for 6 (Six) months for offence punishable under Section 302 IPC read with Section 120B IPC. Convict Nirmal Kumar, Avinash Kumar and Prakash @ Munna further sentenced to undergo Rigorous Imprisonment of 10 (Ten) years and fine of Rs. 5,000/- (Rupees Five Thousand) each, in default of payment of fine, Simple Imprisonment for 01 (One) year respectively for the offence punishable under Section 392 IPC read with Section 120B IPC.

(3.) AT about 6:35 P.M. DD No.21 was recorded at Police Post (PP) Wazirpur Industrial Area, Police Station (PS) Ashok Vihar that a person had been stabbed with a knife at A-73, Wazirpur Industrial Area near Pulsar factory in front of Aggarwal Sweets. PW-9 ASI Rohtash Singh along with Constable Manoj Kumar reached the spot. They came to know that the injured had been removed to Sunder Lal Jain Hospital (the hospital) by his family members. No eye witness was found at the spot. Thus, ASI Rohtash Singh proceeded to the hospital. He (ASI Rohtash Singh) collected MLC of the injured Ishwar Bansal; the doctor opined the injured was unfit to make a statement. The injured was kept under observation by the doctor.