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2013 Supreme(Del) 1700

SANJIV KHANNA, SIDDHARTH MRIDUL
Mohinder Sharma – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant:Ms. Nandita Rao, Advocate,
For the Respondent: Ms. Richa Kapoor, APP.

Sanjiv Khanna, J.— (ORAL):

Mohinder Sharma by the impugned judgment dated 7th January, 2012, arising out of FIR No. 249/2009, registered on 19th May, 2009 at Police Station Saraswati Vihar, has been convicted under Sections 302/394/397 of the Indian Penal Code, 1860 (IPC, for short) for committing the murder of Vadivale, the deceased in the night intervening between 18th and 19th May, 2009. The appellant has also been convicted under Section 25/27 of the Arms Act, 1959. By an order of sentence dated 24th January, 2012, the appellant has been sentenced to undergo Rigorous Imprisonment for life with the direction that he shall not be considered for grant of remission until he undergoes actual sentence of twenty years. A fine of Rs.1 lac has been imposed upon the appellant for the offences under Sections 302/394/397 IPC. In default of payment of fine, the appellant has to undergo Simple Imprisonment for one year. The trial court further directed that the fine of Rs.1 lac, if recovered, shall be paid to the family of the deceased Vadivale as compensation under Section 357 of the Code of Criminal Procedure, 1973 (Cr.P.C, for short). For conviction under Section 25/27 of the Arms Act, 195










































































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