DHARMENDER Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 25th May, 2018 passed by the Additional Sessions Judge (West) in Sessions Case No.162/2017 arising from FIR No.495/2016 registered at PS Nangloi convicting the Appellant for the offence punishable under Section 302 IPC, Section 25(1B)(a) and section 27(1) of the Arms Act while acquitting him of the offence under Section 201 IPC.

(2.) This appeal is also directed against the order on sentence of the same date whereby the Appellant was sentenced to imprisonment for life along with fine of Rs. 10,000/-; and in default of payment of fine, to undergo rigorous imprisonment (RI) for a period of six months for the offence punishable under Section 302 IPC; RI for five years along with fine of Rs. 5,000/-; and in default to undergo RI for three months for the offence under section 27(1) of the Arms Act; and RI for three years along with fine of Rs. 3,000/-, and in default to undergo RI for one month for the offence under Section 25(1B)(a) of the Arms Act. The sentences were directed to run concurrently. The family members of the deceased were referred to the District Legal Services Authority (DLSA) for grant of suitable compensation.

(3.) The charge against the Appellant was that at around midnight on 7th December, 2016 he murdered Yusuf son of Zameel (deceased) by firing a gunshot on his neck and later caused the evidence to disappear by removing the blood of the deceased from the spot by throwing of water from the water tank. He was also charged with having in his possession and using an unlicensed firearm thereby committing offences under Section 25(1B)(a) and 27(1) of the Arms Act.