AMIT KAPOOR Vs. STATE

JUDGEMENT

(1.) Appellant/petitioner seeks suspension of sentence invoking Section 389 of the Code of Criminal Procedure. The learned Additional Sessions Judge held him guilty of the offence punishable under Section 302/34 Indian Penal Code. They were sentenced to undergo imprisonment for life-and a fine of Rs.5000.00 for the offence punishable under Section 302. In default of payment of fine they were to undergo further imprisonment for six months. They were to sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.5000.00 for the offence punishable under Section 397 Indian Penal Code. In default of payment of fine they were to undergo further rigorous imprisonment for six months. They were further sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 436 Indian Penal Code and to pay a fine of Rs.5000.00 and in default of payment of fine they were to undergo rigorous imprisonment for six months.

(2.) The facts of the prosecution case in brief are that on 4.8.98 house no. J-13/58 Rajouri Garden had been set on fire. Subhash Gakhar used to live in the said house with his wife and daughter. The dead bodies of the daughter of Subhash Gakhar and his wife were recovered. There were various injuries on the person of the deceased. The prosecution case was that the appellant in conspiracy with others had committed robbery, murdered the two persons referred to above and had set the premises on fire.

(3.) The learned trial court believed the prosecution evidence and had concluded that in the facts of the case taking totality of the facts appellants must be held guilty of the above said offences.