LAWS(DLH)-2018-7-590

SARTAJ Vs. STATE

Decided On July 26, 2018
SARTAJ Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8th March, 2018 passed by the learned Additional Sessions Judge, North-East District, Rohini Courts, Delhi in Sessions Case No.59429/16 arising out of FIR No.407/2016 registered at Police Station ("PS") Jahangir Puri convicting the Appellant of the offence under Section 302/34 of the Indian Penal Code ("IPC") and the order on sentence dated 12th March, 2018whereby he was sentenced to rigorous imprisonment ("RI") for life with a fine of Rs. 5,000/-; and in default of payment of fine to undergo simple imprisonment ("SI") for one year.

(2.) At the outset, it requires to be noticed that along with the present Appellant, his maternal uncle Salauddin was also sent up for trial and convicted for the same offence. Salauddin has filed a separate appeal being Crl. Appeal No.558/2018, which is pending in this Court.

(3.) The charge against both the accused i.e. the present Appellant (Accused No.1 "A-1") and his maternal uncle Salauddin @ Nooru ("A-2") was that on 21st July, 2016, at about 10.45 am on the dividing road of GH-Block near Kushal Cinema, near Charso Wali Gali, G-Block, on the main road Jahangirpuri, both of them in furtherance of their common intention murdered Ashok ("the deceased").