SURESH PEHLWAN Vs. STATE OF DELHI

JUDGEMENT

(1.) These two appeals are being decided together as they are directed against the same judgment and order on the point of sentence. The judgment dated 11.11.2008 delivered by the Additional Sessions Judge-01, South, Patiala House Courts, New Delhi in Sessions Case No. 203/2006 arising out of FIR 225/2003 registered at Police Station Kotla Mubarak Pur, under Sections 302/120B/34 IPC and Sections 25/27 of the Arms Act, 1959 is under challenge in these appeals.

(2.) By virtue of the impugned judgment dated 11.11.2008, the appellants Suresh Pehlwan @ Suresh Basoya, Sushil Choudhary @ Sushil Pehlwan (appellants in Crl. A. No. 72/2009) and Dalip Kumar @ Gudar (appellant in Crl. A. No. 73/2009) have been convicted under Section 302/34 IPC. Appellant Suresh Pehlwan and Sushil Choudhary have also been convicted under Section 25 of the Arms Act, 1959. Insofar as the accused Lekhraj is concerned, he was acquitted of the charges under Sections 120B/302/34 IPC. The present appellants had also been charged under Section 120B, but they have also been acquitted under that Section but have been convicted, as mentioned above, under Section 302 read with Section 34 IPC. The appellants are also impugning the order on the point of sentence which was pronounced on 19.11.2008, whereby the three appellants were sentenced to life imprisonment for commission of the offence punishable under Section 302/34 IPC and they were also directed to pay a fine of Rs. 10,000/- each, in default whereof, they were required to undergo simple imprisonment for nine months each. Insofar as the appellants Suresh Pehlwan @ Suresh Basoya, Sushil Choudhary @ Sushil Pehlwan are concerned, they were sentenced to undergo rigorous imprisonment for two years each with a fine of Rs. 1,000/- each, in default whereof, they were required to undergo additional simple imprisonment for two months. The sentences of imprisonment awarded to Suresh Pehlwan @ Suresh Basoya, Sushil Choudhary @ Sushil Pehlwan for the offences under the IPC and the Arms Act were directed to run concurrently.

(3.) The charges were framed on 24.11.2003. The four accused, namely, Suresh Pehlwan, Dalip Kumar, Sushil Choudhary and Lekhraj were, inter alia, charged as under:-