(1.) Vide this common order, we shall dispose of the CRL. Appeal Nos. 88/2019 and 700/2019 arising out of common judgment dated 26.05.2018 and order on sentence dated 07.06.2018 passed by the Additional Sessions Judge-02, South District, Saket Courts, Delhi wherein the accused persons were acquitted for the offences punishable under Sections 302/307/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and were convicted for the offence punishable under Section 326/34 IPC and were sentenced to undergo Rigorous Imprisonment for a period of eight years with a fine of Rs.5,000/, in default to undergo simple imprisonment for three months. We may also add that as per the report received from the Superintendent, Central Jail No. 1, Tihar, New Delhi and as per order dated 14.03.2019 of this court, one of the co-convicts, namely Vishal (respondent no.3 in Crl.A. 700/2019) had expired on 07.09.2018, at DDU Hospital during the pendency of the aforesaid appeals.
(2.) The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:-
(3.) In order to bring home the guilt of the accused persons, the prosecution has examined 35 witnesses in all. The incriminating evidence and circumstances were put to the accused persons under Section 313 of Code of Criminal Procedure wherein they pleaded to have been falsely implicated in the present case and claimed their innocence. The accused persons chose not to lead any evidence in their defence.
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