DESH DEEPAK KAPOOR Vs. STATE OF DELHI

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dated 5th April, 1997 delivered in Sessions Case No.21/96, whereby the learned Additional Sessions Judge convicted him for an offence under Section 302 and Section 498A of the Indian Penal Code (hereinafter referred as the IPC).

(2.) Subsequently, the Appellant was heard on the question of sentence and by an order dated 9th April, 1997, he was sentenced to imprisonment for life for the offence under Section 302 of the IPC and to rigorous imprisonment for three years for the offence under Section 498A of the IPC. It was directed that the sentences shall run concurrently.

(3.) At the outset, it may be mentioned that the case against the Appellant included an allegation of common intention under Section 34 of the IPC involving his father and his mother. However, by the impugned judgment and order, the Appellant's father was acquitted of both the charges framed against him while the Appellant's mother died during the course of trial and, therefore, the charges abated against her.