S. MURALIDHAR, J.

Introduction

1.1 These two appeals, one by Subash Gupta (Accused No. 1: A-1) and the other by the State are directed against the same impugned judgment dated 28th March 2000 passed by the learned Additional Sessions Judge (“ASJ”) Delhi in Sessions Case No. 149/1998 arising out of FIR No. 340/1996 registered at Police Station (“PS”) Okhla Industrial Area convicting the A-1 for the offences under Sections 302/364/301 IPC. A-1 was, however, acquitted of the offence under Section 120-B IPC and Section 216 read with Section 34 IPC.

1.2 The appeal by A-1 is also directed against the order on sentence dated 30th March 2000 whereby:

(i) for the offence under Section 302 IPC, A-1 was sentenced to undergo rigorous imprisonment (“RI”) for life and a fine of Rs. 5,000/-.

(ii) for the offence under Section 364 IPC, to undergo RI for 5 years and fine of Rs. 3,000/- and in default, to undergo simple imprisonment (SI) for 3 months.

(iii) for the offence under Section 201 IPC to undergo RI for three years and pay a fine of Rs. 1,000/- and in default, to undergo SI for 1 month. All sentences were directed to run concurrently.

1.3 There were eight other co-accused (A-2 to A-9, wi