DHARMENDER Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 16th January 2003 passed by the Court of the learned Additional Sessions Judge, Karkardooma Courts, Delhi in SC No.101/2002 arising out of FIR No.74/2000 registered at PS Mandawali convicting the Appellant for the offence under Sections 302 and 394 IPC both read with Section 34 IPC. Also challenged is the order on sentence dated 17th January 2003 whereby, for the offence under Section 302/34 IPC, the Appellant was sentenced to undergo life imprisonment along with a fine of Rs. 5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for three years and for the offence under Section 394/34 IPC, to undergo rigorous imprisonment for 10 years along with a fine of Rs. 5000/- and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) At the outset, it requires to be noticed that there were three accused who were sent up for trial, viz., Dharmender (A-1), Ajay (A-2), and Naveen (A- 3). By the impugned judgment, A-2 has been acquitted of the offences he was charged with. A-1 and A-3 were both convicted in the manner as stated above. It appears that A-3 had filed Crl.A.214/2003 but died during the pendency of the appeal and hence it stood abated.

(3.) The charge framed against the three accused was that between 12.20 and 4 am on 4th March 2000, near DDA Tikona Park, behind Batla Apartments, Mandawali they along with one Rajesh (not arrested), in furtherance of their common intention, committed the offence of robbery while using deadly weapons punishable under Section 394 IPC by robbing Balwant Singh (deceased) of his purse as well as his motorcycle. They were also charged with committing murder of Balwant Singh punishable under Section 302 IPC by inflicting knife blows on his person.