BANSI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present appeal has been filed challenging the judgment of conviction dated 15th May, 2004 and an order on sentence dated 19th May, 2004, passed by the learned ASJ whereunder, the appellant has been held guilty under Sections 302/307/324 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.500/- under Section 302 IPC. In default of payment of fine, he was directed to undergo simple imprisonment of two months. Further, the appellant has been sentenced to imprisonment for life under Section 307 IPC and pay fine of Rs.500/-. In default of payment of fine, he was directed to undergo simple imprisonment of two months. Lastly, the appellant has been sentenced to undergo rigorous imprisonment for one year under Section 324 IPC. All the sentences were directed to run concurrently. The relevant portion of the Trial Court judgment dated 15th May, 2004 is reproduced hereinbelow:-

(2.) The sentence of the appellant was suspended vide order dated 26th September, 2006. The appellant has undergone sentence for five years and one month and earned a remission for nine months and twenty-five days.

(3.) On 01st May, 2019, learned counsel for the appellant stated before this Court that he had instructions not to address arguments on merits of the case, but to address the Court on the order on sentence only. He had stated that it was a fit case where the conviction under Section 302 IPC ought to be modified to Section 304, Part-II IPC.