ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 06.08.94 and the order on sentence dated 08.08.94 passed by the learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No. 341/88 arising out of the FIR No. 399/88 registered at PS Shahdara, Delhi. Both the accused were charged under Sections 307/302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC). The learned Additional Sessions Judge convicted the appellants for the offence punishable under Section 302 read with Section 34 IPC as well as under Section 324/34 IPC. As a result, both the accused were sentenced to life imprisonment with fine of Rs. 500/ - each for the offence under Section 302/34 IPC in default of payment of which they were directed to undergo sentence of one year each. The appellants were also sentenced to imprisonment for one year with fine of Rs. 500/ - each for the offence under Section 324/34 IPC and in default of payment of fine they were required to undergo three months imprisonment.

(2.) THE appellants have been in custody since they were arrested in 1986 till they were granted bail in 1994 by virtue of the order dated 08.12.1994. In other words, they had, by then, already spent over 8 years in custody.

(3.) IN the class room, the appellants Ashok and Vishnu Dutt told Gurdip Singh that it was not proper for them to have complained against them. They caught hold of Gurdip by his hair, threw him on the ground and threatened that on that day they would not allow them to go back to their home alive after school. A complaint was made to the Physical Training Instructor who scolded both the appellants and sent them away.