MUKTA GUPTA, NAVIN CHAWLA
MALKHAN – Appellant
Versus
STATE (GOVT. OF NCT) OF DELHI – Respondent
NAVIN CHAWLA, J.
1. The appellant-Malkhan has filed the present appeal challenging the order dated 21st November, 2011 passed by the Additional Sessions Judge (NW)-01, Rohini convicting him of offences punishable under section 302 IPC and section 27 of the Arms Act. The appellant further challenges the order dated 23rd November, 2011 sentencing him to undergo RI for life and to pay a fine of Rs.7,000/- and in default SI for 2 months under Section 302 IPC and a further sentence of RI for 3 years and to pay a fine of Rs.3,000/- and in default SI for 3 months under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.
2. The case of the prosecution is based primarily on the testimony of the eye witness, Surinder @ Suraj (PW-1) who has stated that on 17th October, 2009 at about 1.30 am, he was coming back from his shop at Harphool Singh Building, Sabzi Mandi, Ghanta Ghar, Delhi and when he reached near A-block, Lal Bagh, Delhi his friend Mohan (deceased) met him and they started talking to each other. Mohan told him that he was feeling hungry and accordingly, they went near Azadpur bus terminal and ate paranthas at the shop of Kale. Thereafter, they s
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