SUNDER LAL Vs. STATE

JUDGEMENT

(1.) The appellants herein Vinod Kumar, son of Subedar Sing Rajesh Kumar, son of Madan Mohan and Sunder Lal, son of Nawab Singh have been convicted for the offence punishable tinder Section 302 read with Section 34 of the Indian Penaj Code and sentenced to undergo rigorous imprisonment for life, They have further been convicted for the offencs under Section 397 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fins of Rs. 500.00 . in default of payment of fine, to undergo rigorous imprisonmen for three months. The sentences of imprisonment Were, how ever directed to run concurrently.

(2.) Alongwith these three appellants another accusced viz.. Sunder Lal son of Kherati Lal had also been tried. The pro secution case as laid before the trial court was that on 16th July, 1981 at about 7.30 p.m. the four accused abducted Kirpa Shankar, who had been entrusted with 43 gold bangles by his employer M/s. NathuMal and Sons, Jewellers of Chandni Chowk and forced him to accompany them in a three-wheeler scooter. The scooter was driven to a lonely spot on tlie ring road where after robbing him of the bangles, he was stabbed to death. The booty which was divided amongst three out of. the four accused namely, Vinod Kumar, Rajesh and Sunder, son of Nawab Siagh was recovered from their houses during investigation.

(3.) As no recovery of gold bangles was made from Sunder Lal son of Kherati Lal.the trial court was of the opinion that possibly had not participated in the crime. He was thus given benefit of doubt and acquitted-The other three accused, who have been found guilty, have assailed the judgment by filing three separate appeals. Sunder Lal son of Nawab Singh's appeal is numbered Cr. Appeal No. 196 of 1984; Vinod Kumar's appeal is Ct. Appeal No. 203 of 1984 and Rajesh Kumar's appeal is numbered' Cr. Appeal No. 216 of 1984. The State has also filed an appeal challenging the acquittaj of Sunder Lal son of Kherati Lal. That appeal is numbered as Cr. Appeal 44 of 1985., As the questions of fact, and law are common in all these four appals, this judgment disposes of all of them.