ANIL PURI Vs. STATE

JUDGEMENT

(1.) By way of the present appeal, the appellant/Anil Puri impugns judgment dtd. 21/10/2019 and sentencing order dtd. 24/10/2019, whereby he has been convicted for offences under Sec. 302/201/34 of the Indian Penal Code, 1860 ("IPC"?) and Sec. 25/27 of the Arms Act, 1959 ("Arms Act"?); and has been sentenced to rigorous imprisonment for life along with fine of Rs.20,000.00 (Rupees Twenty Thousand Only) with a default sentence of 03 months for the offence under sec. 302 IPC; to rigorous imprisonment for 02 years along with fine of Rs.5,000.00 (Rupees Five Thousand Only) with a default sentence of 03 months for the offence under sec. 201 IPC; to rigorous imprisonment for 01 year and fine of Rs.2,000.00 (Rupees Two Thousand Only) with a default sentence of 03 months for the offence under sec. 25 of the Arms Act; and to rigorous imprisonment for 03 years along with fine of Rs.2,000.00 (Rupees Two Thousand Only) with a default sentence of 03 months for the offence under sec. 27 of the Arms Act. The case was registered as FIR No. 836/2014 dtd. 19/12/2014 registered at P.S.: Dwarka South. The benefit of sec. 428 of the Code of Criminal Procedure, 1973 ("CrPC"?) has also been given to the appellant.

(2.) For sake of completeness, it may be mentioned that there were two other accused persons in the trial, apart from the appellant. The second accused person, one Shahid Ali, was convicted only for the offence under sec. 174A IPC and was sentenced to simple imprisonment for the period already undergone; and the third accused person, one Sonu Peter, is stated to be absconding, and has since been declared "proclaimed offender"?. The present appeal however, has been preferred only by the appellant, Anil Puri.

(3.) The matter relates to the murder of one Rajesh Saini (victim/deceased), who is stated to have been engaged in the business of catering and arranging marriage functions; and is said to have been in a partnership business with the appellant. It is stated that the appellant had invested Rs.2.00 lacs and the deceased had invested Rs.8.0010 lacs in that partnership business, whereby they were running a banquet hall described as a "vatika"? under the name and style of "Shri Shyam Kunj Vatika, Party and Lawn"? in Kakrola, New Delhi.