VIPIN KUMAR SALUJA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against a judgment dated 6 th November, 2015 passed by the learned Additional Sessions Judge, New Delhi in S.C.No.88/2013 arising out of FIR No.17/2008 registered at Police Station (PS) Rohini convicting the Appellant under Sections 302 , 364 , 392 , 201 and 411 of the Indian Penal Code ( IPC ) and the order on sentence dated 16th November, 2015 whereby:

(2.) The case of the prosecution is that Sunil Kumar @ Bitoo (Accused No.1- A-1) and co-accused "P" (who at the time of commission of offence was stated to be below 18 years and whose trial, therefore, was separate) were old friends. A-1 was residing at Ekta Enclave, Peeragarhi, Delhi with Ravi Kant @ Raju (PW-64) who was also from Bhiwani. A-1 was running a placement office under the name and style of M/s Suraj Security. A-1 became friends with the Appellant, Vipin Kumar Saluja (A-2) who was then working with M/s Pushpak Security.

(3.) "P" had suffered losses in betting involving cricket and A-1 had suffered losses in business. According to the prosecution, A-1, A-2 and "P" met in the room of A-1 where PW-64 was also present. A-1, A-2 and "P" planned to loot a vehicle and after killing its driver sell the vehicle through one Bunty, a friend of "P" at Muraina in Madhya Pradesh. It is stated that PW-64 refused to participate in the said plan.