KHALID Vs. STATE

JUDGEMENT

(1.) Appellant Khalid stands convicted by judgment dated 02.03.2012 passed by the Additional Sessions Judge II (North) Delhi in sessions case no. 62/2011 (FIR No. 423/2008 P.S. Timarpur) for the offence under section 302/201/392 with the aid of section 34 of the Indian Penal Code, 1960 ('IPC' for short). By the order of sentence dated 06.03.2012, the appellant has been directed to suffer imprisonment for life, fine of Rs. 5000/- and in default of payment of fine, undergo simple imprisonment of 2 months for the offence under section 302/34 of the IPC. He has been sentenced to simple imprisonment for 5 years, fine of Rs.5000/- and in default of payment of fine to undergo simple imprisonment for 2 months for offence under Section 201 of the Indian Penal Code. Additionally, the appellant has been directed to suffer simple imprisonment for 7 years and a fine of Rs. 5000/- and in default of payment of fine, to undergo simple imprisonment for two months for the offence under Section 392 of the Indian Penal Code. The sentences have been ordered to run concurrently.

(2.) It is relevant here to mention that the appellant was made accused along with S (name withheld), a juvenile, Pappu and Raja @ Rakesh, who have been declared proclaimed offenders. Only the appellant was tried for the offence.

(3.) The prosecution relies upon circumstantial evidence to connect the appellant with the crime as there was no eye witness to the occurrence.