MADAN PAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th September 2003 passed by the learned Additional Sessions Judge, Delhi (hereinafter "trial Court") in SC No.35/1998 arising out of FIR No.419/1997 registered at PS Nabi Karim whereby the Appellant herein was convicted for the offence under Section 302 IPC. It also seeks to assail the order on sentence dated 30th September 2003 whereby he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-; and in default of payment of fine, to undergo rigorous imprisonment for one year.

(2.) It must be noted at the outset that by an order dated 13th January 2004, the sentence of the Appellant was suspended, subject to terms. It was noted in the order that the Appellant had been in jail since 5th September 1997 and had not availed any interim bail/parole.

(3.) It also requires to be noticed at the outset that the Appellant Madan Pal (Accused No. 3: "A-3") was sent up for trial along with three other coaccused, viz. Rajesh Kumar @ Chunna (A-1), Vinod Kumar (A-2), and Sharda (A-3), the wife of A-2. They were charged with having murdered Jai Kishan ("deceased") in furtherance of their common intention at H.No.6464, Gali Hanuman Mandir, Nabi Karim at 9:40 pm on 23rd October 1997 and thereby committing the offence punishable under Section 302/34 IPC. By the impugned judgment, the trial Court while acquitting A-1, A-2 and A-4, convicted only the present Appellant for the aforementioned offence.