PARWEEN Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure for setting aside the judgment dated 12.7.2013 and order on sentence dated 16.7.2013 passed by learned Additional Sessions Judge, Rohini Courts, Delhi, in case FIR No. 1674/06 registered under Sections 302/397/34 IPC at Police Station Sultan Puri, by which the appellant has been convicted to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with fine of Rs.5,000/ - and in default of payment of fine to undergo further simple imprisonment for six months. The appellant was further directed to undergo Rigorous Imprisonment for the period of seven years with fine of Rs.3,000/ - for the offence punishable under Section 397 of the Indian Penal Code and in default of payment of fine Simple Imprisonment for three months. It was directed that both the sentences would run concurrently and benefit of section 428 was given to the appellant.

(2.) THE case of the prosecution, as noticed by the trial court in its judgment dated 12.7.2013, is as under:

(3.) IT has also been submitted that there were five other persons in the house whose evidence was not recorded; the recovery made at the instance of the appellant is not trustworthy and reliable. Counsel for the appellant also submits that although the co -accused had named the appellant herein, but the prosecution has failed to establish that he is the correct Parween, as it is submitted that some other Parween may have committed the crime with the co -accused.