DHARMENDER KUMAR PAL Vs. STATE

JUDGEMENT

(1.) DHARMENDER Kumar Pal impugns his conviction under Sections 302 and 392/397 of the Indian Penal Code, 1860 (for short 'IPC') vide judgment dated 07.02.2011. By order dated 11.02.2011, the appellant has been sentenced to rigorous imprisonment for a term of 7 years for the offence punishable under Section 392/397 IPC and fine of Rs.5,000/- and in default thereof, to undergo simple imprisonment of two months. For the offence under Section 302 IPC, the appellant has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.20,000/- and in default of payment of fine, simple imprisonment for nine months. The appellant is further sentenced to rigorous imprisonment for a term of 5 years under section 27 Arms Act 1959 and a fine of Rs.5,000/- and in default of payment of fine, simple imprisonment for two months. All the sentences are to operate concurrently.

(2.) THE case of the prosecution, which has been accepted by the trial court, is that on 14.05.2007, the appellant was deputed as Gunman/Guard at NDPL Zonal Office, Tibia College, NewRohtak Road, Delhi. Between 3:00-

(3.) /G. 3. The homicidal death of the deceased is undisputed and stands proved by the statement of PW-7, Dr.Vinod, Assistant Professor, Department of Forensic Medicine, Santosh Medical College, Ghaziabad, U.P. PW-7 has conducted the post-mortem and as per the post-mortem report (Ex.PW-7/A) the deceased had sustained following injuries:-