LAWS(DLH)-1989-8-50

KIRORI MAL ALIAS KALWA Vs. STATE

Decided On August 01, 1989
VED PRAKASH Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) By this judgment we will dispose of Criminal Appeal No. 65 oi 1986, Kirori Mal @ Kullu @ Katwa v. State, Criminal Appeal No. 143 of 1986, Ved Prakash v. State and Criminal Appeal No. 139 of 1987. Ved Prakash v. State since they arise out of the same judgment dated 31st March, 1986 and order dated 1st April, 1986 of the Additional Sessions Judge Delhi.

(2.) Charge under Section 302 read with Section 34 Indian Penal Code was framed against both the accused to the effect that on 17-12-1984 in furtherance of their common intention they committed murder by intentionally causing the death of Suraj Bhan. Kirori Mal was separately charged for the offence under Section 27 of the Arms Act to the effect that on 18th December, 1984 at 3.00 PM he was in conacious possession of a knife which he had used for. unlawful purpose, i.e., for committing the murder of Suraj Bhan on 17th.

(3.) After trial Kirori Mal was convicted by Shri P.L. Singia, Addl: Sessions Judge, Delhi for the offence under Section 302 Indian Penal Code and Section 27 of the Arms Act while Ved Prakash was convicted for the offence punishable under Section 302 read with Section 34 Indian Penal Code Kirori Mal @ Kalwa was sentenced to imprisonment for life under Section 302 Indian Penal Code and also R.I. for one year under Section 27 of the Arms Act with a direction that both the sentences shall run concurrently. Ved Prakash was sentenced to imprisonment for life for the offence under Section 302 read with Section 34 IPC.