INDERJEET Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 16th July, 2013 passed by the learned Additional Sessions Judge-II, South District, Saket Courts in Sessions Case No. 50/2011 arising out of FIR No. 139/2011 registered at Police Station (PS) Vasant Vihar convicting both Appellants for the offence punishable under Section 302 read with 34 IPC and additionally Appellant Vikas Tokas @ Vicky (Accused No.1: A-1) (Appellant in Crl. A. No. 1534/2013) under Section 25 of the Arms Act. The appeals are also directed against the order on sentence dated 20th July, 2013 whereby for the offence punishable under Section 302 read with Section 34 IPC, A-1 and the co-accused Inderjeet (A-2, the Appellant in Crl. A. No. 1197/2013) was sentenced to Rigorous Imprisonment ("RI") for life and fine of Rs. 25,000/- and for the offence under Section 25-B of the Arms Act, A-1 was additionally sentenced to RI for two years. Both sentences were directed to run concurrently.

(2.) The charge against the two Appellants was that on 8th May, 2011 at about 8.20 pm at the jungle opposite Baba Gang Nath Mandir, Nelson Mandela Marg, Vasant Vihar, both of them in furtherance of their common intention murdered Lalit Kumar @ Sunil @ Pappal (the deceased) thereby committing the offence punishable under Section 302 read with 34 IPC.Additionally A-1 was charged with having been found in possession of a country-made pistol which he used in the commission of the above offence, thereby committing an offence punishable under Section 27 of the Arms Act.

(3.) Dd No. 37A recorded on 8th May, 2011 at PS Vasant Vihar noted that one Hari Singh (PW-3) had come at 8.23 p.m. to the PS and informed that in the jungle on the left side of the road opposite the Baba Gang Nath Mandir a young male was lying in a severely injured condition and was probably shot dead with a fire arm.