KARAN SINGH Vs. N C T OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 26th April 2002 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.55/2000 arising out of FIR No.405/1995 registered at Police Station ("PS") Seelampur convicting the Appellant, Karan Singh, for the offence under Sec. 302/34 Indian Penal Code ("IPC"). This appeal is also directed against the order on sentence dated 29th April 2002 whereby the Appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs.15,000.00 and in default of payment of time, to undergo rigorous imprisonment for one year.

(2.) The Appellant, Karan Singh (A-1), was sent up for trial along with Charan Singh @ Channa (A-2) and Rajbir @ Chhanga (A-3), all of them having been charged with entering into a criminal conspiracy on or before 27th June 1995 to commit the murder of Chander Pal ("the deceased"). Furthermore, the three accused were charged with committing the murder of the deceased in pursuance of the criminal conspiracy at about 4:30 pm on 27th June 1995 in Shiv Mandir Wali Gali near AVN Public School, Maujpur, Delhi. By the impugned judgment, A-1 and A-3 were convicted for the offence punishable under Sec. 302/34 Penal Code while A-2 stood acquitted of the same. A-1 was also charged with the offence under Sec. 27 Arms Act of which he was acquitted.

(3.) Both A-1 and A-3 have filed separate appeals. The appeal filed by A-3 being Crl.A.484/2002 was dismissed by this Court on 11th Jan. 2018 after noticing that A-3 had, after obtaining a suspension of his sentence from this Court during the pendency of the appeal, failed to appear when the appeal was listed. The non-bailable warrant ("NBW") issued against him on 23rd May 2014 remained unexecuted. Accordingly, the Court directed that as and when the NBW would be executed, the appeal of A-3 would be relisted and heard.