VIRENDER Vs. STATE OF DELHI

JUDGEMENT

(1.) Allowed, subject to just exceptions.

(2.) Thirteen persons including the petitioner Virender were charged under Section 364-A/368 of the Indian Penal Code (IPC) and under Sections 25/27 of the Arms Act for which they stood trial in the case arising out of FIR No. 238/97 which was registered by the Police Station Tughlak Road, New Delhi under the same sections. The trial resulted in the judgment dated 17th May, 2002 of conviction of 11 persons including one Virender Singh, the present petitioner who was thereafter sentenced to rigorous imprisonment.

(3.) It appears that after the recording of his statement under Section 313 of the Cr. P. C. , Virender Singh, absconded and was declared a proclaimed offender by the learned trial Judge. On his re-surfacing, the trial against him was completed which culminated in a judgment dated 26th April, 2005 passed by the learned Additional Sessions Judge finding him guilty of commission of the offence under Section 368 of the Indian Penal Code. After hearing the petitioner, by an order dated 5th May, 2005, the petitioner was sentenced to undergo rigorous imprisonment to life and to pay fine of Rs. 1,000/- under Section 364-A read with Section 120-B of the IPC and in default of payment, he was directed to undergo simple imprisonment for three months.