HAIDER ALI Vs. STATE

JUDGEMENT

(1.) THE appellant Haider Ali, pursuant to the charge sheet filed in an FIR no. 388/1995, police station Kirti Nagar, by the impugned judgment dated 29.11.1999 stands convicted under Section 302 of Indian Penal Code, 1860 (IPC) for murder of Shanti and under Section 307 of IPC for attempt to murder Lal Chand (PW -8). The aforesaid conviction of the appellant Haider Ali is predicated on Section 34 of IPC to hold that the appellant would be equally guilty and liable for the acts of one Dinesh @ Daboo, as they had shared common intention.

(2.) BY Order of sentence dated 30.11.1999, the appellant has been sentenced to undergo imprisonment for life, pay fine of Rs. 10,000/ -, in default, suffer simple imprisonment of one year for the offence under Section 302 read with 34 of IPC; and rigorous imprisonment of five years, fine of Rs. 5000/ -, in default, undergo simple imprisonment for six months for the offence under Section 307 read with 34 of IPC.

(3.) CRIMINAL Appeal No. 200/2000 filed by the Dinesh @ Daboo, has been decided and application under Section 7 -A of the Juvenile Justice (Care and Protection of Children) Act, 2000 filed by Dinesh @ Daboo has been allowed. The contention that Dinesh @ Daboo was a minor on the date of occurrence has been upheld.