SHYAM SUNDER Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal has been filed against the judgement of conviction dtd. 19/4/2011 and order on sentence dtd. 25/4/2011 passed by learned ASJ, Patiala House Courts, New Delhi arising out of FIR No. 44/2008 registered under Ss. 279/186/353/307 IPC at P.S. Sangam Vihar, New Delhi. Vide the impugned judgement, the appellant was convicted for the offence punishable under Ss. 186/353/307 IPC and vide the order on sentence, he was directed to undergo rigorous imprisonment for a period of 5 years for the offence punishable under Sec. 307 IPC with a fine of Rs.2000.00 in default whereof, he was directed to undergo further simple imprisonment for 6 months. For the offence punishable under Sec. 186 IPC, the appellant was directed to undergo simple imprisonment for 3 months alongwith fine of Rs.500.00 in default whereof, he was directed to further undergo simple imprisonment for 15 days. Lastly for the offence punishable under Sec. 353 IPC, the appellant was directed to undergo rigorous imprisonment for a period of 1 year with a fine of Rs.500.00 in default whereof, he was directed to undergo further simple imprisonment for 1 month. The sentences were directed to run concurrently and the benefit of Sec. 428 Cr.P.C was also given to the accused.

(2.) The facts, as noted by the Trial Court, are as under:-

(3.) Subsequent to filing of the chargesheet on completion of investigation and based on the material collected during investigation, the accused was charged under Ss. 186/353/307/34 IPC, to which, the accused pleaded not guilty and claimed trial.