LAWS(DLH)-2018-2-544

MOHD JAMAL Vs. STATE

Decided On February 28, 2018
Mohd Jamal Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 29th November 2013 passed by the learned Additional Sessions Judge3/South District, Saket Courts, New Delhi (ASJ) in Sessions Case No.23 of 2013 arising out of FIR No.89 of 2010 registered at Police Station ("PS") Fatehpur Beri convicting the Appellant for the offence under Sections 302 and 201 IPC. This appeal is also directed against the order on sentence dated 30th November 2013 whereby for the offence under Section 302 IPC he was sentenced to undergo imprisonment for life with a fine of Rs. 5,000 and, in the event of non-payment of fine, to further undergo simple imprisonment ("SI") for a period of one year. By the same order, for the offence under Section 201 IPC, he was sentenced to undergo five years of rigorous imprisonment ("RI") with a fine of Rs. 2,000, and in default of payment of fine, to undergo further SI for a period of six months.

(2.) At the outset, it requires to be noticed that the Appellant was also charged with the offence under Section 363 IPC but has been acquitted by the trial Court of that offence. Although the FIR included Section 376 IPC, he was not charged for that offence.

(3.) The deceased in this case, Shabnam, was aged 11 years at the time of death. She was the daughter of Hazra (PW-6) and Abdul Sattar (PW-5), both of whom are residents of Mandi Pahadi Village, Bapu Colony, Fatehpur Beri, New Delhi.