LAWS(DLH)-2015-12-59

SHIV KUMAR AND ORS. Vs. STATE

Decided On December 03, 2015
Shiv Kumar and Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Shiv Kumar and Sanjay Kumar who are own brothers stand convicted and sentenced for the offence under Sec. 454/34 of the IPC to undergo RI for five years and fine of Rs. 20,000/ - by judgment and order 17.12.2014 passed in Crl.Appeal No. 18/2014 by the Additional Sessions Judge/Saket District Courts, New Delhi in connection with FIR No. 118/2014 (P.S. Saket).

(2.) The petitioners were tried by the Court of Additional Chief Metropolitan Magistrate for the offences under Ss. 454/380/411 read with Sec. 34 of the IPC. The Trial Court acquitted the petitioners of the offence under Ss. 380/411 IPC but convicted both of them under Sec. 454 read with Sec. 34 of the IPC and sentenced them to undergo RI for seven years by judgment and order dated 2.9.2014/10.9.2014.

(3.) The petitioners preferred an appeal against the aforesaid conviction and sentence before the Additional Sessions Judge, Saket Courts vide Crl.Appeal No. 118/14. The Appellate Court while maintaining the conviction under Ss. 454/34 of the IPC modified the sentence and reduced the same from RI for seven years to RI for five years and also directed the petitioners to pay a compensation of Rs. 20,000/ - each to the complainant.