MOHD. ASHRAF Vs. STATE

JUDGEMENT

(1.) The present criminal appeals instituted under the provisions of section 374 read with section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC'), assail the judgment and order on sentence dated 28. 09. 2015 and 30. 09. 2015, respectively; rendered by the Ld. Additional Sessions Judge, Saket Court, New Delhi, in Sessions Case No. 101/13, emanating from FIR No. 450/13 (hereinafter referred to as the 'subject FIR').

(2.) By way of the impugned judgment and order on sentence dated 28. 09. 2015 and 30. 09. 2015, respectively, Mohd. Ashraf (hereinafter referred to as 'Appellant No. 1') and Mohd. Mustaq (hereinafter referred to as 'Appellant No. 2') were sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 2,000/- each, for the offence punishable under the provisions of section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). In default of payment of fine, Appellant Nos. 1 and 2 (hereinafter collectively referred to as the 'Appellants') have been sentenced to undergo rigorous imprisonment for a further period of 3 months. Benefit of Section 428 CrPC has been granted to the Appellants.

(3.) The fulcrum of the case of the prosecution is that on 30. 08. 2013 around 10 P. M. , the Appellants along with their co-accused, namely, Mohd. Faisal (declared P. O. vide order dated 16. 05. 2014), in furtherance of their common intention took Mohd. Chand (hereinafter referred to as the 'deceased') to the fifth floor of the house bearing No. S-14/6 Joga Bai Extension, Jamia Nagar, Okhla, New Delhi (hereinafter referred to as the 'subject building') and threw him down on the street (hereinafter referred to as the 'crime spot') with the intention to kill him, and as a consequence of the injuries sustained due to the fall, the deceased died.