RAJ KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal has been filed under Section 374 of the Code of Criminal Procedure and is directed against the judgment dated 22.10.2011 and order on sentence dated 29.10.2011 passed by the Additional Sessions Judge, New Delhi, in Sessions Case No. 52/2010, by virtue of which the appellant has been convicted under Section 302 of the Indian Penal Code and under Section 25/27 of the Arms Act, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/ - for the offence punishable under Section 302 of the Indian Penal Code, and in default of the payment of fine to further undergo rigorous imprisonment for a period of one year. The appellant was further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 25 of the Arms Act and in default of payment of fine to further undergo simple imprisonment for one month. The appellant was also sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 5,000/ - for the offence punishable under Section 27 of the Arms Act and in default of payment of fine to further undergo simple imprisonment for three months. All the sentences were ordered to run concurrently. It was also ordered that life imprisonment shall not be less than 25 years and it cannot be commuted less than 25 years.

(2.) The brief facts of the case as noted by the trial court are as under:

(3.) Charges for the offence punishable under Section 302 of the Indian Penal Code and under Section 25 read with Section 27 of the Arms Act were framed against the appellant, to which he pleaded not guilty and claimed trial.