SUNITA GUPTA
Surender – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
Sunita Gupta, J.
1. The present appeal has been preferred against the judgment dated 14.05.2003 passed by learned Additional Sessions Judge in Sessions Case No.430/1996 arising out of FIR No.253/1990 u/s 307/323/452 IPC, P.S. Mehrauli vide which the appellants were held guilty for offences u/s 452/ 323/307 r/w Section 34 IPC and the order dated 23.05.2003 vide which they were sentenced as under:-
(i) For offence u/s 307 IPC, the convicts were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- each, in default of payment of fine to undergo simple imprisonment for two months each;
(ii) For offence u/s 452 IPC, they were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.300/- each, in default of payment of fine to undergo simple imprisonment for one month;
(iii) For offence u/s 323 IPC, they were sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.200/- each, in default of payment of fine to undergo simple imprisonment for 15 days each.
2. Prosecution case emanates from the fact that on 05.10.1990, on receipt of D.D No.17A, Ex.PW 11/A, SI O.P.Yadav (PW11) along with HC Tara
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