DEEPAK SARNA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) - This appeal is directed against the judgment dated 9th February, 2004 passed by the learned Additional Sessions Judge, New Delhi ('the trial Court') in Sessions Case No.110/03 arising out of FIR No.975/2000 registered at Police Station ('PS') Malviya Nagar, New Delhi convicting the Appellant of the offences under Sections 302, 364 and 201 of the Indian Penal Code ('IPC') and the consequent order on sentence dated 10th February, 2004 whereby for the offence under Section 302 IPC, the Appellant was sentenced to life imprisonment along with fine of Rs. 95,000/- and in default of payment of fine to further undergo rigorous imprisonment ('RI') for four years; for the offence under Section 364 IPC, to undergo life imprisonment; and for the offence under Section 201 IPC, to undergo RI for four years along with fine of Rs. 5,000/-, and in default of payment to further undergo RI for one year. It was directed that in case the fine amount was deposited, Rs. 90,000/- will be paid to Mr Vinod K. Chaudhary (PW-1), the father of the deceased. All the sentences were directed to run concurrently.

(2.) The Appellant, who was arrayed as Accused No.3 ('A-3') was sent up for trial along with two other co-accused i.e. Gyan Prakash ('A-1') and Amit Singh ('A-2'). However, by the impugned judgment, A-1 and A-2 were acquitted of all the offences with which they were charged. Charge

(3.) The charge against all the three accused persons was, first, that they entered into a criminal conspiracy on or before 28th October, 2000 to abduct and murder Manish Chaudhary ('the deceased'), thereby committing an offence under Section 120-B IPC; secondly, that they abducted the deceased and then murdered him by stabbing and strangulation and disposed of his dead body in a well in village Simbhavali after removing his belongings, thereby committing offences punishable under Sections 302/364/201/404 read with Section 120-B IPC. Deceased goes missing