SHASHI BHUSHAN @ BITTOO Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th September, 2002 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.24/2001 arising out of FIR No.490/1992 registered at PS Hari Nagar convicting Shashi Bhushan @ Bittoo (Appellant/Accused No.1-'A-1') along with two other co-accused Jagmohan @ Jaggan ('A-2') and Vikram @ Johanskar ('A-3') for the offences punishable under Section 302 read with Section 120B of the Indian Penal Code ('IPC') and Section 397 read with Section 120B IPC.

(2.) The appeal is also directed against the order on sentence dated 28th September, 2002 whereby for the offence under Section 302 read with Section 120B IPC, the Appellant was sentenced to undergo imprisonment for life with fine of Rs.1,000/- and in default to undergo rigorous imprisonment (RI) for life; for the offence punishable under Section 397 read with Section 120B IPC to undergo RI for 7 years. The sentences were directed to run concurrently.

(3.) The Appellant along with the co-accused was charged with conspiring to commit robbery at the house of Amarjit Singh Sabharwal (PW-28) at Flat No.JB-17-A, LIG Flats, Hari Nagar and to commit murder of his wife Smt. Daljit Kaur (the deceased) thereby committing an offence punishable under Section 120B IPC. The second and third charges were that on 7th September 2002 between 11:45 a.m. to 1:30 p.m. pursuant to the above conspiracy armed with daggers, they committed murder of the deceased and committed robbery of a camera of Panasonic make, four gold bangles, two gold rings, one gold chain, a pair of gold baalies and cash of Rs.25,000/- from the house of the deceased thereby committing offence punishable under Section 302 read with Section 120B IPC and Section 397 read with Section 120B IPC.