RAJESH Vs. STATE

JUDGEMENT

(1.) The present appeals under Sec. 374 of the Code of Criminal Procedure, 1973, (for short, 'CrPC') have been filed by the Appellants assailing the impugned judgment of conviction dtd. 24/4/2018 and order on sentence dtd. 3/5/2018 passed by learned Additional Sessions Judge-02, North Rohini Courts, Delhi, whereby the Appellants have been convicted in Sessions Case No. 58155/16, arising out of FIR No. 152/12, under Ss. 302/406//396/457/34 of the Indian Penal Code, 1860, (for short, 'IPC'), registered at Police Station South Rohini.

(2.) Vide the aforesaid impugned judgment of conviction and order on sentence the Appellants namely, Rusy @ Surender, Rajesh @ Tinku and Ravinder @ Tunda, (hereinafter referred to as, 'Rusy', 'Tinku' and 'Tunda' respectively), have been convicted for the offences punishable under Ss. 302/34 and Sec. 460 of the IPC. Whereas another co-accused person named, Mahesh @ Chikna, was acquitted for the offences punishable under Ss. 302/457/460/395/396/34 of the IPC. The Appellants were sentenced to undergo rigorous imprisonment for life along with a fine of Rs.10,000.00 each and in default of payment of fine, to undergo further simple imprisonment for a period of 1 year each for the offence punishable under Ss. 302/34 of the IPC. The Appellants were also sentenced to rigorous imprisonment for a period of 10 years along with a fine of Rs.5,000.00 each and in default of payment of fine, to undergo further simple imprisonment for a period of 6 months each for the offence punishable under Sec. 460 of the IPC. Learned ASJ, while passing the impugned order on sentence, had also directed the learned Secretary, North, DSLSA, Rohini Court, Delhi for awarding appropriate compensation to the family of the victim/deceased in accordance with the provisions of Sec. 357A of the CrPC and Victim Compensation Scheme.

(3.) Brief facts necessary for the disposal of the present appeals are as under: -