SHAHZAD AHMED Vs. STATE

JUDGEMENT

(1.) This is an application by the State under Section 391 of the Code of Criminal Procedure, 1973 (Cr PC) for permission to lead additional evidence before the trial Court, against the impugned judgment dated 25th July 2013 and order on sentence dated 30th July 2013 of which the present appeal has been filed by the Appellant accused.

(2.) It must be noted at the outset that, against the same impugned order on sentence dated 30th July 2013, the State has filed Crl. Appeal No. 1459 of 2013 praying for enhancement of the life imprisonment awarded to the Appellant to the death sentence.

(3.) The judgment by which the Appellant was convicted by the learned Additional Sessions Judge-02, South East District, Saket Court, New Delhi, was delivered in Sessions Case No.42/2010 arising out of the FIR No.208/2008 registered at Police Station (PS) Jamia Nagar. The Appellant was convicted for the offences under Sections 186 , 353 , 333 , 307 and 302 Indian Penal Code ( IPC ) read with Section 34 IPC and for the offence under Section 201 IPC and Sections 27 , 54 and 59 Arms Act, 1959. The Appellant was acquitted of the offence under Section 174A IPC. The Appellant was sentenced for the aforementioned offences by a separate order on sentence dated 30th July 2013. For the offence under Section 302 IPC read with Section 34 IPC, the Appellant was sentenced to imprisonment for life together with the fine of Rs.50,000/- and, in default of payment of fine, to undergo one year's simple imprisonment. Background