SHANKAR REKWAL Vs. STATE

JUDGEMENT

(1.) IT is the case of the prosecution that in furtherance of a common intention to cause the death of Shree Kishan, on the intervening night of February 24th and 25th, 2010 the appellants murdered Shree Kishan at an unknown time at Priyadarshani Park, Rajouri Garden Delhi under the jurisdiction of PS Rajouri Garden thereby committing an offence punishable under Section 302/34 IPC. It is the further case of the prosecution that in furtherance of the common intention the appellants dishonestly misappropriated movable property belonging to Shree Kishan comprising mobile phone with cover and a diary and thereby committing an offence punishable under Section 404/34 IPC.

(2.) HOLDING the appellants guilty of the two indictments for which the appellants were sent for trial, vide impugned decision dated September 27, 2013, the learned Trial Judge has succinctly summed up the incriminating evidence in the concluding paragraph (No. 25) of the decision. Since in appeal we are re -charting the journey navigated by the learned Trial Judge, it would be apposite if we note the light -houses and the signages noted by the learned Trial Judge while navigating the journey and thereafter reconsider the evidence, as the Appellate Court ought to do, to see whether what was apparently seen as a light -house by the learned Trial Judge was actually a light -house or was it a mirage. Para 25 of the decision dated September 27, 2013 reads as under: -

(3.) A composite sentence has been imposed. There is no separate sentence for the indictment of having committed the offence punishable under Section 404 IPC.