FIROZ Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25th April 2017 passed by the learned Additional Sessions Judge-05 (ASJ) (South-East), Saket Courts, New Delhi in Sessions Case No.2353/2016 arising out of FIR No.86/2011 registered at Police Station Jaitpur, convicting the Appellant for the offence under Section 302 IPC and the order on sentence dated 15th May 2017 whereby he was sentenced to imprisonment for life and to pay fine of Rs.3,000/-.

(2.) At the outset, it requires to be noticed that by an order dated 19th August 2011, the charge was originally framed against the Appellant and one Afsana, wife of the deceased Rafedeen. The charge was to the effect that during the period between (9:30 pm on 6th April 2011 and 4:35 pm on 7th April 2011) at the play ground near Samosa Chowk, Madanpur Khadar, New Delhi, both of them, in furtherance of their common intention, committed the murder of the deceased and thereby committed an offence punishable under Section 302 read with Section 34 IPC.

(3.) As noticed in para 4 of the impugned judgment of the trial Court, subsequent to framing of the above charge, by an order dated 20th April 2012, the case was transferred to the Juvenile Justice Board ("JJB") for determination of the age of both the accused persons. The JJB, by its order dated 21st June 2012, declared the co-accused Afsana to be a juvenile and, therefore, the trial against her got separated. There is no intimation on the outcome of the trial against her before the JJB.