DEV RAJ Vs. STATE

JUDGEMENT

(1.) The appellant before us assails the judgment dated 29th Sept., 1999 passed by the Sessions Judge finding the appellant guilty of commission of the offence punishable under Sec. 302 Penal Code and Sec. 27 of the Arms Act, 1959 with which he was charged in Sessions Case No. 121/98 arising out of FIR no. 384/98 registered by Police Station Seema Puri. The appellant also challenges the order of sentence dated 30th Sept., 1999 passed by the learned trial judge sentencing the appellant to undergo imprisonment for life and to pay a fine of Rs.5,000.00 for commission of the offence punishable under Sec. 302 Penal Code and in default to undergo further simple imprisonment for six months. For commission of the offence under Sec. 27 of the Arms Act, he was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000.00, and in default to undergo simple imprisonment for three months. The sentences were directed to run concurrently and the benefit under Sec. 428 of the Crimial P.C. was given to the appellant.

(2.) The appellant was arrested on 22nd June, 1998 at 3 p.m. day time and remained in custody during trial.

(3.) Upon his conviction, the appellant filed the present appeal assailing the judgment dated 29th Sept., 1999 and the order on sentence dated 30th Sept., 1999. The appeal was admitted for hearing. By an order dated 17th March, 2005, the sentence imposed on the appellant was suspended.