STATE Vs. SACHIN

JUDGEMENT

(1.) The present appeal has been preferred by appellant-State seeking setting aside of the impugned order/ judgement dtd. 23/5/2019 passed by learned ASJ, North District, Rohini Courts, Delhi whereby the learned trial court has held respondent guilty for the offences committed under Ss. U/s. 307/34 IPC and U/s. 25/27/54/59 Arms Act, in FIR No.129/2018, registered at P.S. Mahendra Park, Delhi . However, sentence has been awarded to the period already undergone by the respondent.

(2.) The brief facts, as spelt out in the appeal, are that on 26/3/2018 respondent-accused-Sachin along with other accused Lokesh Kumar and Sandeep, in furtherance to their common intention to commit murder of one Subodh, had fired a gunshot at him.

(3.) On the complaint of Subodh, the FIR in question was registered and accused persons were arrested. Charges under Ss. 307/34 IPC and under Ss. 25/27/54/59 Arms act were framed by the trial court against the accused persons wherein, respondent herein, namely, Sachin @ Shakti pleaded guilty and did not claim trial. Vide impugned judgment dtd. 15/5/2019 respondent Sachin @ Sakti was held guilty and vide Order on Sentence dtd. 23/5/2019, he was awarded sentence for the offence under Sec. 307/34 IPC. Vide impugned order on sentence the learned trial court awarded him sentence for the period already undergone by him and to pay fine of Rs.30,000.00 and in default thereof, he was directed to undergo SI for 6 months.