SHAMIM AHMED Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Vide this common order, we shall dispose of the Crl. Appeal No. 272/2018 and Criminal Leave Petition No. 318/2018 arising out of the judgment/order dated 16.01.2018 passed by the District and Sessions Judge, North East District, Karkardooma Courts, Delhi wherein the accused Nos. 1 & 2 were acquitted of the offences punishable under section 307/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and accused No. 1 was convicted for the offence punishable under Section 25 of the Arms Act and sentenced to undergo Rigorous Imprisonment for a period of one year with fine of Rs.1,000/-.

(2.) The brief facts of the case, as distinguished by the learned Trial Court are reproduced as under:-

(3.) To bring home the guilt of the accused persons, the prosecution examined 11 witnesses in all. The statements of both the accused persons were recorded under Section 313 of the Code of Criminal Procedure wherein they denied all the incriminating evidence against them and reiterated their innocence and examined 3 witnesses in their defence.