SURAJ @ LADI Vs. STATE

JUDGEMENT

(1.) The appellant along with two others was brought to trial in sessions case (no.213/1997) in the court of the additional sessions judge, New Delhi, on the basis of evidence gathered during investigation of first information report (FIR) no.158/1996 of police station Chitranjan Park and by judgment dated 11.04.2002 held guilty and convicted on the charge for offences under Sections 397 and 342 read with Sec. 34 of the Indian Penal Code, 1860 (IPC). The additional sessions judge, by subsequent order dated 22.04.2002, awarded rigorous imprisonment for seven years with fine of Rs.5,000.00 on the first count and rigorous imprisonment for one year with fine of Rs.1,000.00 on the second count as the punishment to each of the said convicts. She directed that in the event of default in payment of fine, they would further undergo simple imprisonment for six months and fifteen days respectively and further that the substantive sentences shall run concurrently, also according benefit of set off under Sec. 428 of the Code of Criminal Procedure, 1973 (Cr.PC) for the period of detention already undergone.

(2.) Each of the three convicted persons assailed the aforementioned judgment and order on sentence by their independent appeals. The appeal (Crl. A 857/2002) of co-convict Rajender (A1) was disposed of by judgment dated 20.01.2003, the conviction having been converted to one under section 394 Penal Code in his respect, it being found that there was no proof of he having used the weapon (knife). The appeal (Crl. A 397/2002) of co-convict Rajesh Yadav (A2) was found to have abated since the said person died before the matter could be heard, the proceedings against him, thus, having been brought to a close by order dated 03.03.2010.

(3.) Against the above backdrop, the present appeal of Ladi @ Suraj (A3) alone survives for consideration and adjudication.