PRAMOD KUMAR Vs. STATE GNCT OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.828 of 2003 seeks to challenge the judgment dated 05.08.2003 of the Additional Sessions Judge, New Delhi in Sessions Case No.28/99 arising out of F.I.R. No.138/99, Police Station, Vasant Kunj, whereby the learned Judge has held the appellant guilty for offence under Sections 302/353/186 IPC as well as under Sections 25 and 27 of Arms Act and further by a separate order dated 16.08.2003 has sentenced the appellant to undergo imprisonment for life under Section 302 IPC with a fine of Rs.1,000/- (one thousand) and in default of payment of fine to further undergo simple imprisonment for a period of one month. He was also sentenced to undergo rigorous imprisonment for two years under Section 332 IPC and to further rigorous imprisonment for one year under Section 186 IPC. He was further sentenced to undergo rigorous imprisonment for three years under Section 27 of the Arms Act with a fine of Rs.500/- (five hundred) and in default of payment of fine to further simple imprisonment for fifteen days. He was also sentenced to undergo rigorous imprisonment for one year under Section 25 of the Arms Act with a fine of Rs.500/- (five hundred) and in default of payment of fine to further undergo simple imprisonment for fifteen days. All the sentences were directed to run concurrently. Benefit under Section 428 Cr.P.C. was given to the appellant.

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

(3.) The Prosecution examined PW-1, Rajbir. S/o Bhup Singh, a retired Army Officer who states that on 09.03.1999 his nephew, Maharaj Singh died. He was murdered by Parmod Kumar. He was called to identify the dead body on 20.03.1993 at All India Institute of Medical Sciences' Mortuary. He identified the same and Memo Exhibit PW 1/A was prepared.