VIJAY @ RINKU Vs. STATE

JUDGEMENT

(1.) This judgment shall dispose of the Criminal Appeal filed by the appellant Vijay @ Rinku i.e. the appellant herein S/o Sh. Harshwardhan assailing the impugned judgment dated 16.07.2012 and impugned order on sentence dated 20.07.2012 passed by the District Judge Incharge/ Additional Sessions Judge, District Courts, Rohini in Sessions Case No. 114/2010 arising out of FIR No.532/2007, registered at PS Mukherjee Nagar under Sections 364/392/302/201/411/120B/202/216 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") whereby the appellant was convicted for the offence punishable under Section 120B of the IPC and Sections 392/302/364/120B of IPC, and vide the impugned order on sentence dated 20.07.2012 was sentenced to undergo life imprisonment under Sections 302/120B of the IPC and to pay a fine of Rs.2000/- and in default of the payment of the fine to undergo simple imprisonment for a period of six months. Vide the said impugned order on sentence, the convict i.e. the present appellant was also sentenced to undergo rigorous imprisonment for a term of ten years each under Sections 364/392 r/w 120B of the IPC and was directed to pay a fine of Rs.2000/- each for the said offence and in default of payment of the said fine to undergo simple imprisonment for six months each. No separate sentence under Section 120B was awarded to this convict.

(2.) The appeal was instituted on 31.10.2012. Delay of 186 days in institution of this appeal was condoned vide order dated 26.11.2012 whereby Crl.M.A.No.19094/2012 was allowed. The appeal was admitted on 26.11.2012 and the trial Court record was requisitioned. The appellant in the instant case is in custody which is reflected in the order dated 26.11.2012 itself.

(3.) The prosecution version brought forth on record is to the effect that on 3.12.2007 FIR 0/2007 under Sections 364/393/302/201 of IPC was received from P.S. Patiali, District Etah, U.P. by post whereupon the SHO of PS Mukherjee Nagar made an endorsement on the same and handed it over to the Duty Officer, PS Mukherjee Nagar for registration of the case and entrusted the investigation to the SHO Inspector Shyama Pant, which investigation had subsequently been assigned to Inspector Ajay Kumar, whereupon FIR No. 532/2007 at PS Mukherjee Nagar was registered on the basis of FIR No. 0/2007, PS Patiali with regard to the murder of one Vinod Kumar after looting of the Tavera DL-IYA-4120 of which he was the driver.