PURAN Vs. STATE

JUDGEMENT

(1.) This is an appeal under Section 374 of the Code of Criminal Procedure, 1973 (Cr PC) against the impugned judgment dated 31st January, 2003, passed by the Court of Learned Additional Sessions Judge, Delhi, (ASJ), in Sessions Case No.128/1999 arising out of FIR No.591/1997 at Police Station (PS) Ashok Vihar, Delhi registered under Section 302/307/354/323/34 Indian Penal Code, 1860 (IPC) convicting the appellant for the offences punishable under Section 302 of the IPC for committing the murder of Jagpal with a knife and under Section 307 of the IPC for causing injuries to Bhagwati and Ravi. By the order of sentence dated 4 th February, 2003 the appellant was sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs. 1,000/- and in case of default to undergo RI for six months for the offence punishable under Section 302 IPC. The appellant was also sentenced to undergo RI for five years and to pay a fine of Rs. 1000/- and in case of default to undergo RI for three months for the offence punishable under Section 307 IPC. The learned ASJ directed that both the substantial sentences shall run concurrently and the appellant shall be entitled to the benefit of Section 428 Cr PC.

(2.) The facts of the case, as narrated by the complainant Ravi (PW18) to SI Ramphal (PW 23), have been recorded by the Trial Court in Para 1 & 2 of the impugned judgment as under:-

(3.) On the statement of Ravi, SI Ramphal made an endorsement and sent Rukka to PS Ashok Vihar. A case was registered under Section 302/307/354/324/323/34 IPC on 19th September, 1997. Investigation was taken over by the SHO.