RAJBIR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 10th September, 2002 passed by the learned Additional Sessions Judge ("ASJ") arising out of FIR No.566/1998 registered at Police Station ("PS") Malviya Nagar, convicting the Appellant for the offence under Section 302 of the Indian Penal Code ("IPC") and the order on sentence dated 11th September, 2002 sentencing him to imprisonment for life with a fine of Rs.5,000/-; and in default of payment of fine to undergo simple imprisonment ("SI") for three months.

(2.) The charge against the Appellant (Accused No.1: "A-1")was that he along with co-accused Vijay Singh (A-2) in furtherance of their common intention committed the murder of Jai Singh ("deceased") on 4th July 1998 at around 130 am at the roof of house No.F-82, Lado Sarai.

(3.) It must be mentioned at the outset that the co-accused (A-2) was convicted by the same impugned judgment of the trial Court for the offence under Section 308 IPC and sentenced to undergo rigorous imprisonment ("RI") for four years with a fine of Rs.1,000/-; and in default of payment to undergo SI for one month. The Court is presently concerned only with the appeal of A-1 Rajbir.