VINOD & ANR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21st December 2002 passed by the learned Additional Sessions Judge in SC No.132/2001 arising out of FIRs No.169/99 and 208/99, both registered at PS Jahangirpuri whereby the two Appellants, namely Vinod Kumar (A-1) and Farooq (A-2), have been convicted for the offence punishable under Section 120B IPC as well as under Section 302/120B IPC. Further, the Appellants also seek to challenge the orders on sentence dated 6th January 2003 whereby under each of the aforementioned FIRs, the Appellants were sentenced to undergo imprisonment for life along with fine of Rs.1,000/- each and in default of payment of fine, to undergo further simple imprisonment for three months. By the same orders, for the offence under Section 302/120B IPC, the Appellants were sentenced to undergo imprisonment for life along with fine of Rs.2,000/- each and in default of payment of fine, to undergo further simple imprisonment for six months.

(2.) The offence under FIR No.169/99 concerned the murder of deceased Purnima who was the wife of A-1. The charge framed thereunder was that at about 9.45 pm on 28th March 1999, at bus stop ITI, K-Block, Jahangirpuri, the two Appellants along with one Ajay Sharma (since deceased) committed the murder of Purnima in pursuance of the conspiracy entered into by them on or before the aforementioned date and thereby committed an offence punishable under Sections 120B and 302/120B IPC. In the trial arising out of FIR No.169/99, only A-1 and A-2 were arrayed as the accused persons with the actual assailant, Ajay Sharma, having already expired. They were convicted under Sections 120B and 302/120B IPC.

(3.) In the trial arising out of FIR No.208/99, the charge framed was that on 13th April 1999, behind Kamal Cinema, near the wall of park, C-Block Masjid, Jahangirpuri, the two Appellants herein along with two other coaccused, namely Yusuf and Sheikh Saidul, committed the murder of the aforementioned Ajay Sharma in pursuance of the conspiracy entered into by them on or before the aforementioned date and thereby committed an offence punishable under Section 120B and 302/120B IPC.