RAMESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 13.9.2004 and 15.9.2004 respectively wherein the appellant Ramesh along with his co-accused Arvind @ Master had been convicted under Sections 307/34 of the Indian Penal Code, 1860 (IPC) as also under Section 25 of the Arms Act. Each of the accused persons had been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.3000/- in default of payment of fine to undergo SI for 9 months for offence under Sections 307/34 of the IPC.

(2.) This Court has been informed that co-accused Arvind had completed his sentence. This appeal has been preferred by Ramesh.

(3.) Record shows that Satbir (PW-5) was friendly with the appellant Ramesh. Ramesh had promised a job to Satbir stating that he had contacts in several factories in Delhi. On 19.9.2002 appellant Ramesh took the complainant Satbir to Narela for getting him a job, where they cut their hair. Appellant Ramesh then took PW-5 to the DSIDC factory looking for job and then they came back to Kundli, Sonepat. On 20.9.2002 at about 10.00 a.m. Ramesh and Arvind came to the house of the complainant again informing him that they would try to look for a job for him. They went to Bawana. Appellant Ramesh left and returned at about 4.00 p.m. with his motorcycle and took the complainant and Arvind on his motorcycle to the DSIDC and parked the said vehicle at te pavement (Patri). When they went to urinate, at that time Ramesh told his co-accused Arvind that it was the right time to kill the complainant.