PREM SINGH ALIAS FAUZI Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos.391 of 2005 and 774 of 2005 seek to challenge a common judgment delivered by Additional Sessions Judge, Delhi in Sessions Case No.9 of 2001 arising out of F.I.R. No.126 of 1998, registered at Police Station Alipur, whereby the learned judge vide his judgment and order dated 29.03.2005 has held the appellants, namely, Prem Singh @ Fauzi and Samson @ Raju, guilty for an offence under Section 302/34 IPC. Further by his order dated 31.03.2005, has awarded sentence of life imprisonment together with a fine of Rs.5,000/- each and in default of payment of fine, to undergo Rigorous Imprisonment for a period of one year to each of the appellants under Section 302/34 IPC. However, the appellants were awarded the benefit of Section 428 of Code of Criminal Procedure.

(2.) Brief facts of the case as have been noted by the learned Additional Sessions Judge in the judgment under challenge are as under :-

(3.) The prosecution in order to establish their case examined as many as 38 witnesses. The case, according to the learned trial court is based on circumstantial evidence. The circumstances which were required to be proved have been enumerated as follows :-