HARISH Vs. STATE
LAWS(DLH)-2018-7-184
HIGH COURT OF DELHI
Decided on July 10,2018

HARISH Appellant
VERSUS
STATE Respondents




JUDGEMENT

S. Muralidhar, J - (1.)This appeal is directed against the judgment dated 10th 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 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.
(3.)By the impugned judgment, the Appellant has been acquitted of the charges under Section 392/34 IPC and Section 397 IPC. Furthermore, it has been asserted by the learned defence counsel (and not contradicted by the learned APP) that the JCL has also been acquitted in the trial which proceeded against him separately before the Juvenile Justice Board. No appeal appears to have been filed by the State against his acquittal. Deposition of PW-4


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