SURENDER AND ORS. Vs. STATE OF DELHI

JUDGEMENT

(1.) IN the above captioned nine appeals, appellants in the first five appeals, were tried in FIR No. 408/1997, under Sections 302/147/148/149 of IPC, registered at police station Najafgarh, Delhi whereas appellants of remaining four appeals were accused in FIR No. 409/1997, under Sections 147/148/149/323/325/308 of IPC, also registered at police station Najafgarh, Delhi. The aforesaid two FIRs were registered in respect of an incident of 21st June, 1997. It is pertinent to note that FIR No. 409/1997 was registered after five days of this incident i.e. on 26th June, 1997.

(2.) IN the above captioned first five appeals [Crl. Appl. Nos. 586, 587, 588, 589 & 602 of 2001], vide impugned judgment of 24th May, 2001 appellants - Surinder, Satish, Hawa Singh, Rakesh and Virender have been sentenced for the offences under Sections 304 -II/307/323/ 324/147/148 of IPC and vide impugned order of 21st July, 2001, these appellants have been sentenced to rigorous imprisonment for a period of six year for the main offence i.e. under Section 304 -II of IPC and for the allied offences, they have been sentenced to lesser varying terms.

(3.) WHILE entertaining the above captioned nine appeals, the substantive sentence awarded to appellants was suspended. Now at the final hearing of above captioned nine appeals, it was submitted by both sides that since the two FIRs in question relate to one incident, therefore, these appeals can be heard together. Accordingly, these appeals have been taken up for hearing together and by this common order, they are being disposed of.