RAVI KAPOOR Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 26th August 2016 passed by the learned Additional Sessions Judge, South District, Saket Courts (hereafter "the trial Court"), in SC No.40/2014 arising from FIR No.8/2009 registered at Police Station (PS) Vasant Kunj convicting the Appellants, Ravi Kapoor ("A-1" who has preferred Crl.A.1150/2016) and Ajay Kumar @ Bhenga ("A-2" who has preferred Crl.A.633/2017) for the offences under Sections 302, 364, and 394 IPC all read with Section 34 IPC and the consequent order on sentence dated 1st October 2016 whereby both of them were sentenced as under:

(2.) At the outset, it requires to be mentioned that, along with the aforementioned two Appellants, Ajay Sethi ("A-3") and Mohammad Arif ("A-4") were also sent up for trial in the same case. By the impugned judgment, A-3 was convicted for the offence under Section 413 IPC and A-4 was convicted for the offence under Section 411 IPC. By the aforementioned order on sentence, both A-3 and A-4 were sentenced by the trial Court to undergo imprisonment for the period already undergone by each of them.

(3.) The first charge against A-1 and A-2 was that during the intervening night of 7th/8th January 2009, both of them, in furtherance of their common intention, abducted Nadeem ("the deceased") who was driving a Tavera car bearing registration HR-55-HT-7278 from near the Munirka traffic light with the intention of committing murder and thereby committed the offence punishable under Section 364/34 IPC; secondly, that they caused deadly injuries to the deceased with a firearm and committed robbery of the aforementioned Tavera car and the personal belongings of the deceased and thereby committed the offence punishable under Section 394/34 IPC; and thirdly, murdered the deceased and thereby committed the offence punishable under Section 302/34 IPC. A separate charge was framed against A-1 for the offence punishable under Sections 394 and 397 IPC.