KALIM SHEIKH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 10th November 2017 passed by the learned Special Judge (NDPS)/Additional Sessions Judge in Sessions Case No.45003/2015 arising out of FIR No.35/2013 registered at Police Station ("PS") Khajuri Khas whereby the Appellant, Kalim Sheikh (A-1), was convicted for the offence under Sections 364 and 302 Indian Penal Code ("IPC"). This appeal also seeks to challenge the order on sentence dated 6th December 2017 whereby, for each of the offences committed under Sections 302 and 364 IPC, the Appellant was sentenced to imprisonment for life and a fine of Rs.5,000/ and in default of payment of fine, to undergo further rigorous imprisonment for six months. The sentences have been directed to run concurrently.

(2.) At the outset, it requires to be noticed that the Appellant was sent up for trial along with co-accused, Raju @ Hira Lal (A-2), who was acquitted by the trial Court by the same impugned judgment dated 10th November 2017. The charge

(3.) The charges framed qua both the accused were that in furtherance of their common intention, both of them kidnapped Shakeel, aged around fourteen months, on the morning of 19th January 2013 by taking him away from the lawful custody of his parents, Reema Bibi (PW-1) and Saleem Sheikh (PW2), from their home at House No.134, Gali No.3, D-Block, Sri Ram Colony, Delhi in order that he may be murdered. They were further charged with, after having kidnapped him, murdering the victim by throwing him into a nala/drain underneath the bridge at Geeta Colony, Delhi and therefore, causing the victim to die due to asphyxia as a result of ante-mortem drowning. Thereby, the two accused were charged with having committed offences punishable under Section 363, 364 and 302 read with Section 34 IPC.