NARESH MUKHIA Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) The above captioned two appeals arise out of the impugned judgment of 9th December, 2005 vide which the two appellants herein i.e. Mohd. Farid and Naresh Mukhia stands convicted for the offence under Sec. 392/34 of the IPC and appellant Mohd. Farid also stands convicted for the offence under Sec. 397 of the IPC and for the offence under Sec. 25 of Arms Act. Order of 13th December, 2005 of the trial court sentencing these two appellants to R1 for five years each and to a fine of Rupees One thousand each for the offence under Sec. 392/34 of the IPC and R1 for seven years and to a fine of Rupees Two thousand for the offence under Sec. 397 of the IPC imposed upon appellant Mohd. Farid and R1 for one year and a fine of Rupees Five hundred imposed upon appellant Mohd. Farid for the offence under Sec. 25 of the Arms Act, is also impugned in this appeal.

(2.) Both these appeals pertain to one incident and arise out of common impugned judgment, therefore, they were heard together and are being decided together by this common judgment.

(3.) The background relevant facts are as follows: