SITA RAM & ANR Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal directed against the impugned judgment dated 17th January, 2003 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.79/2001 arising out of FIR No.38/1983 registered at Police Station ("PS") Sultanpuri, Delhi, convicting the Appellants herein for the offence punishable under Sections 302/34 and the order on sentence dated 18th January, 2003 whereby for the offence under Section 302/34 IPC both of them were sentenced to imprisonment for life with a fine of Rs.5, 000/-, and in default of payment of the fine to undergo Rigorous Imprisonment ("RI") for one year. The co accused were convicted for the offence punishable under Section 307/34 IPC to undergo RI for five years with a fine of Rs.1, 000/- and in default of payment of fine to undergo RI for six months.

(2.) At the outset, it may be noted that Appellant No.1 Sita Ram expired during the pendency of the present appeal. This fact was noted by the Court in its order dated 29th May, 2014. Accordingly, the appeal as far as Appellant No.1 Shri Sita Ram is concerned stood abated by the said order. The present appeal is by Attar Singh S/o late Shri Sita Ram, who is Appellant No.

(3.) By the order dated 14th November, 1983 of the Trial Court, common charge was framed against all the accused including the present appellant Shri Attar Singh. The co-accused were his father late Sita Ram (A-1), Fakira (A-2) (who died during the pendency of the trial), Balbir (A-3) (also died during the pendency of the trial), the present appellant - Attar Singh (A-4), Jogi Ram (A-5), Baljeet Singh (A-6) and Pappi @ Brahm Dev (A-7) (who also died during the pendency of the trial).