SADDAK HUSSAIN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 13.2.2018, passed by the court of the learned Additional Sessions Judge, Pilot Court, North District, Rohini Courts, New Delhi ("ASJ") in Sessions Case No.220/2017, arising from FIR.No.598/2016 registered at PS Mahendra Park, New Delhi whereunder, the appellant has been convicted for the offence under Section 302 IPC. The appellant is also aggrieved by the order on sentence dated 17.2.2018, whereby he has been sentenced to undergo life imprisonment for the offence under Section 302 IPC alongwith fine of Rs.5,000/- and in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) The appellant herein was arrayed before the trial court as accused No.4 (A-4). He was sent to trial alongwith four other co-accused i.e. Prateek @ Bholu (A-1), Prashant @ Chhotu (A-2), Kamal @ Jaipal (A-3) and Sandeep @ Pankaj @ Bachha (A-5). Under the impugned judgment, except for the appellant herein, the other accused have been acquitted of the charge under Section 302 IPC.

(3.) Vide order dated 25.4.2017, the trial court framed the following charge against A-1, A-2, A-3 and A-4:-