NIKHIL RANA Vs. STATE

JUDGEMENT

(1.) By way of Crl.A. No.1420/2019, appellant Nikhil Rana challenges the judgment of learned Trial Court dtd. 1/10/2019, wherein the appellant was held guilty for murder of one Vinod Pahlwan (deceased); and also the order on sentence dtd. 1/11/2019, wherein the appellant was directed to undergo imprisonment for life along with fine of Rs.1.00 lakh, in default whereof, simple imprisonment for six months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC); sentenced to the period undergone along with fine of Rs.5.00 lakhs in default whereof, simple imprisonment for one year for offence punishable under Sec. 201 of IPC; sentenced to rigorous imprisonment for five years along with fine of Rs.50,000.00 in default whereof simple imprisonment for three months for offence punishable under Sec. 27 of the Arms Act, 1959; and was also sentenced to period already undergone along with fine of Rs.50,000.00 in default whereof simple imprisonment for three months for offence punishable under Sec. 25 of the Arms Act. Two other accused persons Parth Sharma and Satbir Rana @ Ghenta were also found guilty and were sentenced to the period already undergone along with fine of Rs.5.00 lakhs in default whereof simple imprisonment for one year for offence punishable under Sec. 201 IPC; simple imprisonment for six months along with fine of Rs.50,000.00 in default whereof simple imprisonment for three months for offence punishable under Sec. 202 IPC. Satbir Rana @ Ghenta was also found guilty for offence punishable under Sec. 203 IPC and was sentenced to period already undergone along with fine of Rs.50,000.00 in default whereof simple imprisonment for three months. However, no appeal was filed by accused Parth Sharma and Satbir Rana @ Ghenta. Two other accused persons Brijesh and Rupesh were also found guilty for offence punishable under Sec. 174A IPC and were sentenced to period already undergone along with fine of Rs.1.00 lakh in default whereof simple imprisonment for six months.

(2.) By Crl.A. No.194/2020, appellant Sanjay Kumar, who was the complainant, challenges the impugned judgment and order on sentence to the extent that the accused persons were acquitted for offences punishable under Sec. 120B IPC read with Sec. 302 IPC and prays that the appellant Nikhil Rana and the accused persons be held guilty for hatching a criminal conspiracy to murder the deceased.

(3.) By way of Crl.A. No.221/2020, the State also challenges the impugned judgment and order on sentence and prays that all the five accused persons be held guilty for offence punishable under Sec. 120B IPC read with Sec. 302 IPC. The State also prays for enhancement of sentence of accused Nikhil Rana for offences punishable under Sec. 201 IPC and Ss. 25/27 Arms Act; of accused Parth Sharma for offence punishable under Ss. 201/202 IPC; of accused Satbir Rana @ Ghenta for offence punishable under Ss. 201/202/203 IPC and of accused Brijesh and Rupesh for offence punishable under Sec. 174A IPC.