ANIL KUMAR @ MITHU & OTHERS Vs. STATE

JUDGEMENT

(1.) The appellants with one another (Satish Chander @ Chandra) were sent up for trial before the court of Sessions on the basis of report under Sec. 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on 13.11.1990 upon conclusion of investigation into first information report (FIR) No.222/1990 of police Station Dabri (the police station) for offences punishable under Sections 302/324 read with Sec. 34 of Indian Penal Code, 1860 (IPC). Upon consideration of the evidence gathered during investigation by the police, as set out in the said police report (charge sheet), the learned additional sessions judge in seisin of the sessions case (No.30/1992) framed charge against all the four said persons for offences under Sections 302 read with Sec. 34 IPC.

(2.) Midway the trial, the fourth accused (Satish Chander @ Chandra) jumped bail and in spite of the issuance of duress process against him, his presence could not be secured. He was declared a proclaimed offender by the trial court vide order dated 27.02.1999. The trial continued against the remaining three (appellants before this Court) and culminated in judgment on 2nd March, 2000 whereby all of them i.e. Anil Kumar @ Mithu (A-1), Sunil Kumar @ Dudha (A-2) and Dinesh Kumar Sharma (A-3) were held guilty and convicted, as charged, for offence under Sec. 302 read with 34 Penal Code whilst appellant Anil Kumar @ Mithu (A-1) was also held guilty, again as charged, for offence under Sec. 324 IPC. By order passed by the trial court on 9th March, 2000, rigorous imprisonment for life with fine of Rs.1,000.00 was awarded for the offence of murder under Sec. 302/34 Penal Code to each of the three appellants. In addition, Anil Kumar @ Mithu (A-1) was awarded rigorous imprisonment for one year for offence under Sec. 324 IPC, it having been directed to be run concurrently.

(3.) By their joint appeal (Crl. Appeal No.250/2000) Anil Kumar @ Mithu (A-1) and Sunil Kumar @ Dudha (A-2) and by his separate appeal (Crl.Appeal No. 394/2000) Dinesh Kumar Sharma (A-3) assailed the judgment and order on sentence.