RAM BADAN YADAV Vs. STATE

JUDGEMENT

(1.) The present batch of criminal appeals, being Criminal Appeal Nos.52/2019 and 925/2019 instituted under the provisions of section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C'), assail the judgment of conviction dated 30.10.2018 and order on sentence dated 31.10.2018, rendered by the Ld. Special Judge (NDPS), North District Rohini Courts, Delhi, in Sessions Case no.57919/2016, emanating from FIR No.06/2011 registered u/s 302/201/34 Indian Penal Code, 1860(hereinafter referred to as 'IPC'), PS: Bawana, Delhi.

(2.) By way of the impugned judgment of conviction dated 30.10.2018 and order on sentence dated 31.10.2018 respectively, Ram Badan Yadav @ Madan (hereinafter referred to as 'Appellant No.1'); and Irfan (hereinafter referred to as 'Appellant No.2'), were convicted and sentenced under the provision of section 302/34 IPC to rigorous imprisonment for life along with a fine of Rs. 5,000/- each. In default of payment of fine, the Appellants have been sentenced to undergo simple imprisonment for a further period of one year. They were also sentenced to undergo rigorous imprisonment for period of five years with a fine of Rs. 5,000/- each for the offence committed u/s 201/34 IPC. In default of payment of fine, they shall undergo simple imprisonment for a further period of one year. However, the benefit of the provision under section 428 Cr.P.C has been granted to the appellants. All the sentences have been directed to run concurrently.

(3.) Before going into the merits of the present appeal, it is relevant to recapitulate the brief facts of the present case, as elaborated by the learned trial court, which are as follows: