RAM SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants in these appeals are aggrieved by their conviction vide judgment and / or order dated 18.07.1992 by the Additional Sessions Judge, Shahdara, Delhi under Sections 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') alongwith two others, namely, Suresh and Mukesh for having caused the death of Parveen Kumar by stabbing. The appellants are also aggrieved by their conviction under Section 307/34 IPC in respect of the injuries caused to Laxmi Narain and Nanu. All the convicts were sentenced on 18.07.1992 by the learned Additional Sessions Judge to undergo life imprisonment in respect of the offence under Section 302/34 IPC and 5 years rigorous imprisonment in respect of the offence under Section 307/34 IPC. Both the punishments were to run concurrently.

(2.) IT may also be pointed out, at the outset, that all the four persons, who had been convicted, had filed appeals against their conviction and sentence. Insofar as the other two convicts, namely, Mukesh and Suresh are concerned, their appeals being Criminal Appeal 186/1992 and Criminal Appeal 189/1992 were dismissed by another Division Bench of this Court in exercise of its powers under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC'). The appeals were so dismissed by a detailed judgment and / or order delivered on 18.02.2008. The said Bench was of the view that as the convicts Suresh and Mukesh had not appeared before court despite issuance of non -bailable warrants, the inherent powers of the High Court preserved by Section 482, CrPC could be exercised inasmuch as the appeals by such convicts, who had taken advantage of orders of suspension of sentence and then not appeared before court, were manifestly an abuse of the process of court. In the present appeals, however, we are not concerned with the dismissal of the appeals of the co -convicts Suresh and Mukesh inasmuch as such dismissal was not on merits.

(3.) ON the basis of the Ruqqa, FIR No. 194/1987 (Exhibit PW -4/B) was registered at Police Station Nand Nagri on 26.08.1987 initially under Sections 307/34 IPC.