LAWS(DLH)-2013-10-244

K.P.SINGH Vs. STATE

Decided On October 22, 2013
K.P.SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) K .P.Singh (A -1), Than Singh, Suman Lata Chauhan (A -2) , Ram Nath and Brij Raj Singh were arrested in case FIR No. 486/87, Police Station Delhi Cantt. and sent for trial for committing offences under Sections 120B IPC, 302/364/467/471/419 IPC read with120B IPC. By a judgment dated 09.05.2001 in Sessions Case No. 56/96, A -1 and A -2 were held guilty for committing offence under Section 120B IPC. Ram Nath was convicted under Section 120B, 419/467 IPC read with Section 120B IPC. Proceedings against Than Singh were dropped as abated due to his death. Brij Raj Singh was acquitted of the charge under Section 120B IPC. By an order dated 15.05.2001, A -1 and A -2 were sentenced to undergo RI for seven years with fine Rs. 100/ - each. It is significant to note that State did not come in appeal to challenge the judgment dated 09.05.2001. Though A -1 and A -2 were charged for hatching conspiracy to murder Ram Partap, their landlord, to grab the rented accommodation House No. RZ -14/1, Ashok Park, Sagarpur, New Delhi, but they were acquitted of the charge of said conspiracy due to lack of evidence. A -1 and A -2's conviction is under Section 120B IPC simplicitor.

(2.) DURING the hearing of the appeals, appellants' counsel on instructions stated at Bar that A -1 and A -2 have opted not to challenge the findings of the Trial Court for conviction under Section 120B IPC and accept it voluntarily. He however, prayed to release the appellants for the period already undergone by them in this case. Learned APP has no objection to it.

(3.) THE appeals stand disposed of in the above terms. Trial Court record be sent back forthwith if not required in any other case. Pending application also stands disposed of.