ASHWANI Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the impugned judgment dated 12th December, 2017 passed by the learned Additional Sessions Judge, Fast Track Court, Shahdara, Karkardooma Court, Delhi (hereafter the "trial Court") in Sessions Case No.173/2010 arising out of FIR No.175/2010 registered at Police Station ("PS") Vivek Vihar, convicting both Appellants for the offences punishable under Sections 392 and 302 read with Section 34 of the Indian Penal Code ("IPC"). The appeals are also directed against the order on sentence dated 18th December, 2017 of the trial Court whereby for the offence under Section 302/34 IPC each Appellant was sentenced to imprisonment for life with the direction that he "would not be released on remission before actual 28 years of incarceration" and fine of Rs. 50,000/- each and in default to undergo simple imprisonment ("SI") for six months each; and for the offence under Section 392/34 IPC, each of them was sentenced to ten years RI with fine of Rs. 25,000/- each and in default of payment of fine to undergo SI for six months.

(2.) The matter regarding award of compensation to the legal heirs of the deceased persons was referred by the trial Court to the District Legal Service Authority, Shahdara in terms of Section 357-A of the Code of Criminal Procedure ("Cr PC").

(3.) The charge against the Appellants is that both of them on the intervening night of 9th/10th August, 2010 at 137, Janta Flat, Ground Floor, Vivek Vihar, sharing a common intention, committed theft of Rs. 50,000/-, a gold chain, a pair of earrings, a mobile phone Nokia 2626 in the house of Rajender Verma and Shobha Verma ("the deceased") and in order to commit theft, both the accused committed the murder of the deceased, thereby committing the offences punishable under Section 392/34 and 302/34 IPC.