RAVI KUMAR @ SONU @ CHANDU v. STATE (N. C. T. ) OF DELHI
2007-04-24
H.R.MALHOTRA, R.S.SODHI
body2007
DigiLaw.ai
R. S. SODHI, J. ( 1 ) CRIMINAL Appeal No. 127 of 2007 seeks to challenge the judgment and order of the Additional Sessions Judge, Karkardooma Courts, Delhi in sessions Case No. 78 of 2005 arising out of F. I. R. No. RC2 (S)/99/sic. I/new Delhi, registered at Police Station CBI, SIC. I, New Delhi, whereby learned judge vide his judgment and order dated 18. 03. 2006 has convicted the appellant along with four others for the offence under Sections 396/397/400/201 IPC. Further by his order dated 05. 04. 2006, he has awarded sentence of life imprisonment to the appellant under Section 396 as well as under Section 400 IPC. The appellant was also awarded Rigorous Imprisonment for seven years with a fine of Rs. 1,000/- (rupees one thousand) under Section 201 IPC and in default of payment of fine, simple Imprisonment for one month. All the sentences were directed to run concurrently. Benefit of Section 428 Cr. P. C. was extended to the appellant. ( 2 ) THE judgment under challenge was taken up in appeal in Criminal appeal Nos. 366 of 2006, 420 of 2006 and 496 of 2006 and this Court vide its judgment dated 08. 01. 2007, set aside the judgment of conviction and acquitted all, who had filed the appeal challenging the judgment, of all the offences charged. The appellant's case is identical to those accused who have already been acquitted by judgment of this Court dated 08. 01. 2007. However, the only reason why the appellant continued to remain in jail was his inability to file an appeal due to poverty. His appeal has now been taken up for hearing and we find that he is entitled to the benefit of the judgment dated 08. 01. 2007 in criminal Appeal Nos. 366 of 2006, 420 of 2006 and 496 of 2006, passed in the case of his co-accused. ( 3 ) IN that view of the matter, Criminal Appeal No. 127 of 2007 is governed by judgment dated 08. 01. 2007 passed in Criminal Appeal Nos. 366 of 2006, 420 of 2006 and 496 of 2006. Consequently, we set aside the judgment dated 18. 03. 2006 and order dated 05. 04. 2006 and acquit the appellant herein of all the charges framed. The appellant be set at liberty forthwith unless wanted in any other case.
01. 2007 passed in Criminal Appeal Nos. 366 of 2006, 420 of 2006 and 496 of 2006. Consequently, we set aside the judgment dated 18. 03. 2006 and order dated 05. 04. 2006 and acquit the appellant herein of all the charges framed. The appellant be set at liberty forthwith unless wanted in any other case. Criminal Appeal No. 127 of 2007 stands disposed of accordingly. Criminal M. B. No. 309 of 2007 also stands disposed of.