ASLAM Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) These two appeals are directed against the impugned judgment dated 15th April, 2002 passed by the learned Additional Sessions Judge ('ASJ') in Sessions Case No.71/99 arising out of FIR No.106/98 registered at Police Station ('PS') Nabi Karim convicting the four Appellants i.e. Aslam Accused No.1 ('A-1'), Kallu (A-2), Shamim Ahmed (A-3) and Rafiq Ahmed ('A-4') for the offence under Section 302/34 Indian Penal Code ('IPC') and acquitting them for the offence under Section 308/34 IPC. The appeals are also directed against the order on sentence dated 17th April, 2002 whereby each of the Appellants was sentenced to undergo rigorous imprisonment ('RI') for life and to pay fine of Rs.5,000/- each; and in default of payment of fine to undergo RI for six months.

(2.) The four accused were charged with committing the murder of Jameel Ahmed ('deceased') on 10th March, 1998 at around 4.50 pm near Qila Kadam Sharif, Nabi Karim, Delhi. They were also charged with assaulting Shamim Ahmed (PW-5) in furtherance of their common intention or knowledge that such act would result in injuries that were likely to cause his death thereby committing the offence under Section 308/34 IPC. By the impugned judgment, all the four Appellants were acquitted for the offence under Section 308/34 IPC.

(3.) While Aslam (A-1) has filed Crl. Appeal No.336/2002, A-2, A-3 and A-4 have filed Crl. Appeal No.393/2002.