PRADEEP @ SANJAY Vs. STATE

JUDGEMENT

(1.) Notice issued to the appellant could not be served for one or other reason. On the last date of hearing i.e. 6.10.2010 this Court had observed that notice issued to the appellant had been received back undelivered on account of the fact that he has left the premises where he was residing as a tenant. Mr.Sanjeev Mahajan, Advocate, was appointed as an Amicus Curiae to assist this Court on behalf of the appellant.

(2.) Today, the matter has come up for hearing. Since Mr.Mahajan, Amicus Curiae, is not present on behalf of the appellant, Ms.Sangeeta Chandra, Advocate, who is present in Court, is appointed as an Amicus Curiae on behalf of the appellant. Matter was passed over once to enable Ms.Chandra to go through the file.

(3.) Present appeal is directed against the judgment dated 13.12.2004 and order on sentence dated 21.12.2004 passed by learned Additional Sessions Judge, Delhi, whereby the appellant has been convicted under Section 307 IPC and directed to undergo seven years of Rigorous Imprisonment with fine of Rs.5000/- and in default of payment of fine, RI for six months. It was also directed that benefit of Section 428 Cr.P.C. would be given to the appellant.