Harish vs State on 10 July, 2018

1. This appeal is directed against the judgment dated 10 th February 2015
passed by the learned Additional Sessions Judge-04 (North), Rohini Courts,
Delhi in SC No.195/14 arising out of FIR No.295/2011 registered at PS
Sultanpuri convicting the Appellant for the offence punishable under
Section 302/34 IPC. It also seeks to challenge the order on sentence of the
same date whereby the Appellant was sentenced to imprisonment for life
and fine of Rs.5,000/-; and in default of payment of fine to undergo rigorous
imprisonment for two months.

2. The charge against the Appellant was that he, along with Nitin @ Rohit
@ Golu, a Juvenile in Conflict with Law („JCL‟), in furtherance of their

Crl.A.537/2015 Page 1 of 25
common intention, committed the murder of Bhupinder Pandey (the
deceased) on 6th July 2011 at 9.30 pm at Block A-B Park, Main Road,
Sultanpuri thus committing an offence punishable under Section 302/34
IPC. The second charge was that the Appellant along with the JCL robbed
the mobile phone of the deceased from his possession and thereby
committed an offence punishable under Section 392/34 IPC. The third
charge was that the Appellant along with the JCL used a deadly weapon
while committing the robbery and thereby committed an offence punishable
under Section 397 IPC.

Source: Indian Kanoon

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