YAMIN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th February, 2003 passed by the learned Additional Sessions Judge ("ASJ"), Karkardooma Courts, Delhi in Sessions Case No.88/2001 arising out of FIR No.172/2001 registered at Police Station ("PS") Kalyan Puri convicting the Appellant for the offence under Section 302, 201 & 404 IPC and the order on sentence dated 28th February, 2003 whereby for the offence under Section 302/201 IPC he was sentenced to imprisonment for life along with a fine of Rs.5000, and in default of payment to undergo rigorous imprisonment (RI) for six months. For the offence under Section 404 IPC, he was sentenced to the period already undergone along with a fine of Rs.3000/-, and in default of payment to undergo RI for three months.

(2.) At the outset it requires to be noticed that the Appellant who was Accused No.1 (A-1) was sent up for trial along with Suresh Kumar (A-2) and Suresh Chand (A-3). However, A-2 and A-3 were held guilty only for the offence under Section 404 IPC and sentenced to the period already undergone with some fine amounts and default fines, which are not relevant for the present appeal.

(3.) The charge against the Appellant, A-2 and A-3 was that on or before 16th May, 2001 they entered into a criminal conspiracy to commit an offence punishable with death and thereby committed an offence punishable under Section 120 B IPC. Secondly, at an unknown time on 16th May, 2001 at the slip road near a Gurudwara in Vinod Nagar on the National Highway ("NH24") all of them in furtherance of their common intention murdered Khazano Devi and thereby committed an offence punishable under Sections 302/34 IPC. Thirdly, that they caused evidence of the commission of the offence to disappear and thereby committed an offence punishable under Section 201/120 B IPC.