KHEM CHAND Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These appeals are directed against a common judgment and order dated 4th September, 2000 whereby the learned Additional Sessions Judge convicted the Appellants for offences punishable under Sections 302/120B/201/203/34 of the Indian Penal Code (IPC) in Sessions Case No.20/99. By an order passed on the same date, the Appellants were sentenced to imprisonment for life for the offence punishable under Section 302/34 of the IPC. They were also directed to pay a fine of Rs.5,000/- and in default thereof to undergo simple imprisonment for one month each. The Appellants were also sentenced for varying terms for the offences committed by them and punishable under other sections of the IPC.

(2.) The broad facts of the case disclose that one lady Saroj was married to Vijay and they had three children from the wedlock. One of the children was Sonu @ Lakshmi. Saroj appears to have left Vijay and began living with the Appellant Jagdish. Saroj and Jagdish had four children out of which only two of them survived.

(3.) At some point of time, Saroj discovered that Jagdish had developed illicit relations with Sonu @ Lakshmi and she, therefore, left Jagdish but Sonu @ Lakshmi continued to live with him. In fact, Jagdish fathered a child with Sonu @ Lakshmi and it is this child who was about 21 days old when both the accused persons allegedly killed it.