MANOJ & ANR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Introduction

(2.) These appeals are also directed against order dated 28th September 2002 whereby for the offence under Section 302 read with Section 149 IPC, each of the accused was sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.10,000/- each and in default of payment of fine, to undergo further RI for 10 months. For each of the offences under Sections 147 and 148 IPC, each of them was sentenced to undergo RI for one year each and to pay a fine of Rs.1,000/- each and in default of payment of fine, to further undergo RI for one month. For the offence under Section 452 IPC, each of the Appellants were sentenced to undergo RI for three years and to pay a fine of Rs.2,000/- each and in default of payment of fine, to further undergo RI for two months each. Manjeet Singh (A1) was additionally sentenced under Section 25 Arms Act to undergo RI for two years and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo RI for two months. All sentences were directed to run concurrently.

(3.) It must be mentioned at the outset that apart from the aforementioned eight accused, one more accused, i.e. Ganeshi, the father of Mahesh (A5) and Ram Niwas (A7), was also arrayed as an accused and sent up for trial. However, he expired during the pendency of the trial. The tenth accused was Ajeet (Juvenile in Conflict with the Law (JCL) at the time of the offence). The trial against Ajeet (JCL) was separated out and took place before the Juvenile Justice Board (JJB). The Court is informed that Ajeet was ultimately acquitted by the JJB.