CHANDER BHUSHAN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 24th January, 2002 passed by the learned Additional Sessions Judge ("ASJ"), New Delhi in Sessions Case No.37/2001 arising out of the FIR No.480/1996 registered at Police Station ("PS") Dabri convicting the Appellant for the offence under Section 302 IPC and the order on sentence dated 31st January, 2002 sentencing the Appellant imprisonment for life with fine of Rs. 100/-; and in default of payment of fine, to suffer further rigorous imprisonment ("RI") for one day.

(2.) At the outset, it requires to be noticed that there were two accused who were sent up for trial in the aforementioned FIR. Accused No.1 is Satish Chand ("A-1"). The Appellant in this appeal is A- Further the charge that was framed against both the Appellants vide order dated 22nd January, 1999 was two-fold. The first charge was that they along with Shailender, Satte and Vijay (co-conspirators) conspired on 15th August, 1996 to murder Hari Om ("deceased") by illegal means thereby committing an offence punishable under Section 120B of the Indian Penal Code ("IPC"). By the impugned judgment, the trial Court has acquitted both the accused of this offence.

(3.) The second charge was that on 15th August, 1996 at around 10.40 pm near House No.RZD-28, Gali No.2, Vijay Enclave, both A-1 and A-2 as part of the criminal conspiracy committed the murder of the deceased thus committing an offence punishable under Section 302 read with Section 120B IPC. As far as this charge is concerned, the trial Court vide the impugned judgment acquitted A-1 and therefore only A-2, the Appellant herein, has been convicted and that too only for the offence under Section 302 IPC.