SANJEEV KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeals have been filed under section 374(2) of the Code of Criminal Procedure, 1973 against the judgment dated 08.12.2011 and order on sentence dated 12.12.2011 by which both the appellants have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code (hereinafter referred to as 'IPC'). Additionally, the appellant Sanjeev Kumar @ Kalia has also been convicted for the offence punishable under section 27 of the Arms Act. Both the appellants have been sentenced to imprisonment for life with a fine of Rs. 10,000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of six months.

(2.) At this stage, we may note that Vishal Kumar @ Rajesh Totla, co-accused in the present case, expired during the pendency of the appeal. Accordingly, the appeal Crl. A. 566/2012 stands abated in view of the order dated 12.05.2017.

(3.) At the outset, Mr. Dubey, learned counsel for the appellant Sanjeev @ Kalia submits that he has instructions not to press the appeal on the point of conviction. However, he submits that no case under Section 302 of IPC is made out. At best, the trial Court could have convicted the appellant for the offence punishable under Section 304 Part I of IPC as there was no pre-meditation. The appellant did not act in a cruel or unusual manner. There is no evidence on record to suggest that the appellant had carried a knife with him to stab the deceased. Mr. Dubey has strongly urged before this Court that the appellant has been in incarceration for a period of about 9 years including the remission earned by him and prays that the appellant be released on the period already undergone by him.