PANKAJ @ SANDEEP @ BACHCHA Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 24th February 2018 passed by the Additional Sessions Judge, Pilot Court, North District, Rohini, Delhi in SC No.483/2017 arising out of FIR No.382/2016 registered at PS Jahangir Puri whereby the Appellant was convicted for the offence punishable under Section 302 read with Section 34 IPC, Section 307 read with Section 34 IPC, Section 341 read with Section 34 IPC, Section 323 read with Section 34 IPC and Section 455 read with Section 34 IPC but was acquitted for the offence under Section 324 read with Section 34 IPC. The appeal is also directed against the order dated 26th February 2018 whereby the Appellant is sentenced as under:

(2.) At the outset, it is required to be noticed that the Appellant was sent up for trial along with five other co-accused, viz. Islam (A-1), Kishan (A-2), Suresh @ Pawan (A-3), Kali @ Sonu (A-4), and Saddaq Hussain (A-5), who were all separately convicted in an identical fashion by the trial court by its judgment dated 13th November 2017 in SC No.59365/2016 arising out of the same FIR No.382/2016 and were sentenced by an order dated 18th November 2017 in an identical fashion. Against the said order of conviction and sentence, those co-accused filed separate appeals which were all disposed of by a judgment dated 21st March 2018 in Crl.A. Nos.34/2018, 159/2018, 162/2018, 163/2018, and 61/2018, whereby they were acquitted of the offences punishable under Sections 302/34, 307/34, 341/34, 323/34, and 455/34 IPC while convicting them for the offence punishable under Section 324/34 IPC for causing simple injuries with a sharp edged weapon to Jeet Kumar. The sentence for the said offence was confined to the period already undergone by them.

(3.) Learned counsel for the Appellant points out that the case of the present Appellant is no different except to the extent that he absconded and was apprehended later and was sent up for trial separately.