VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) All the three appeals arise out of a common judgment dated 30.09.2014 passed by the learned Additional Sessions Judge, Delhi, in Sessions Case No.26/2013, arising out of FIR No.317/10, registered under Section 302 of the Indian Penal Code (hereinafter referred to as Rs. IPC') at the Police Station Ashok Vihar. Arguments have been addressed in all the three appeals together and the same are being disposed of by a common judgment.

(2.) All the three appeals have been filed under Section 374 of the Code of Criminal Procedure (hereinafter referred to as Rs. Cr.P.C.') assailing judgment dated 30.09.2014 whereby all the appellants have been held guilty under Section 302 read with Section 34 of IPC and Section 394 read with Section 34 of IPC. Challenge is also made to the order on sentence dated 22.11.2014 whereby all the appellants have been sentenced to imprisonment for life with a fine of Rs. 5,000/- each, in the default of payment of fine to further undergo simple imprisonment for a period of six months under Section 302 read with Section 34 of IPC. The appellants were also sentenced to rigorous imprisonment for a period of five years along with a fine of Rs.3,000/- each, in the default, to further undergo simple imprisonment for a period of three months under Section 394 read with Section 34 of IPC. Additionally, the appellants Anoop Kumar and Vijay Kumar @ Babloo were also held guilty under Section 397 of IPC and sentenced to rigorous imprisonment for a period of eight years. All the sentences were ordered to run concurrently.

(3.) Before the rival submissions of learned counsels for the parties can be considered, we deem it appropriate to outline the case of the prosecution which reads as under: