NEERAJ Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against an order dated 4 th April, 2003 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.81/2000 arising out of FIR No.416/2000 registered at Police Station ("PS") Nangloi convicting the Appellant for the offence under Section 302/34 IPC and Section 25/27 of the Arms Act and the order on sentence dated 7th April, 2003 whereby for the offence punishable under Section 302/34 IPC he was sentenced to Rigorous Imprisonment ("RI") for life along with a fine of Rs. 10,000/-, and in default of payment of fine to undergo further RI for ten months; for the offence under Section 25 of the Arms Act to undergo RI for one year along with a fine of Rs. 1000/-, and in default of payment of fine to undergo RI for one month; and under Section 27 of Arms Act RI for two years along with a fine of Rs. 2000/-, and in default in default of payment of fine to undergo RI for two months.

(2.) At the outset, it requires to be noticed that the Appellant Neeraj (Accused No.2: "A-2"), was sent up for trial along with co-accused Sudesh Kumar (A-1). By the impugned judgment and order of sentence, both of them were convicted and sentenced in a similar fashion. Both of them were charged with having committed the murder of one Ajit Singh (deceased) at 3.30 pm on 24th May, 2000 at Laghu Udyog Nagar, Railway Crossing, Mundka in Delhi with a country made pistol and were also, therefore, charged with the offence punishable under Section 25/27/54/59 of the Arms Act.

(3.) While suspending the sentence of the present Appellant on 15th February 2005, this Court noted the fact that on the date of commission of the offence the present Appellant was below 18 years of age. It was pleaded before this Court that the present Appellant would therefore be entitled to the beneficial provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 ("JJ Act, 2000"). In support of that submission, reliance was placed on the decision of this Court in Charanjeet Singh v. State of NCT of Delhi, (2004) 3 JCC 1620.