JANARDHAN Vs. THE STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 28 th January, 2002 passed by the learned Additional Sessions Judge ('ASJ'), Delhi in Sessions Case No.71/97 arising out of an FIR No.522/1996 registered at Police Station ('PS') Karol Bagh convicting the Appellant for the offence under Section 302 Indian Penal Code (' IPC ') and the order on sentence dated 29th January, 2002 sentencing him to imprisonment for life with a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one week.

(2.) At the outset it requires to be noticed that the Appellant and the co- accused Satish (Accused No.2 - 'A2') (Proclaimed Offender - 'PO') were charged with conspiring to murder Ujjwal Dev Nath ('deceased') and pursuant thereto committed his murder on 2nd September, 1996 at 10 to 11 am at Shop No.34/B-112, Second Floor, Beadan Pura and thereby committed offences punishable under Sections 120B IPC and 302 IPC .

(3.) By the impugned judgment, the trial Court held that A-2 was entitled to the benefit of doubt and accordingly acquitted him.