MAHESHWARI PRASHAD Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.07.1997 delivered by the Additional Sessions Judge, Delhi in Sessions Case No. 131/1995, which, in turn, arose out of FIR No. 197/1995 registered at Police Station Janak Puri, under Sections 302/307/324/34 IPC and Sections 25 and 27 of the Arms Act, 1959.

(2.) By virtue of the said judgment dated 26.07.1997, the learned Additional Sessions Judge found the appellants to be guilty of the offence punishable under Sections 307/34 IPC as also of the offence punishable under Section 302 read with Section 34 IPC. However, the learned Additional Sessions Judge acquitted the appellants in respect of the offence under Section 324/34 IPC and the Arms Act offences. The appellants are also aggrieved by the order on sentence dated 29.07.1997, whereby the learned Additional Sessions Judge has sentenced the appellants in respect of the offence under Section 302/34 IPC to imprisonment for life. The appellants were also fined Rs. 1,000/- each and in default of payment the fine, they were to further undergo rigorous imprisonment for one month each. Insofar as the offence under Section 307/34 IPC is concerned, both the appellants were sentenced to rigorous imprisonment for seven years each. They were also fined Rs. 1,000/- each and in default of payment of the fine, they were to further undergo rigorous imprisonment for one month each. Both the sentences were directed to run concurrently.

(3.) The appellants had been charged by an order dated 02.11.1995 as under:-