Delhi District Court
State vs 1. Mohd Litton .....A1 on 6 August, 2008
1
IN THE COURT OF SHRI S K SARVARIA : ADDITIONAL
SESSIONS JUDGE : NEW DELHI.
Sessions Case No : 240/06
State vs 1. Mohd Litton .....A1
s/o Mohd Hussain
r/o Jhuggi No.D81
Madanpur Khadar Phase II,
New Delhi.
2. Dev Kumar @ Daboo .....A2
s/o Ram Kumar
r/o D81, Phase II,
Madanpur Khadar,
New Delhi.
FIR No : 257/06
PS : Lajpat Nagar
U/s : 399/402 IPC
& 25/54/59 Arms Act
JUDGMENT
1. Charges U/s 399/402 IPC read with section 34 IPC were framed against the accused Mohd Liton and Dev Kumar @ Daboo and other three accused persons. A separate charge U/s 25/54/59 Arms Act was ordered to be framed against accused Mohd Liton on that day. They pleaded not guilty to the charges and claimed trial. 2
2. The prosecution by now has examined five witnesses in all namely PW1 HC Om Prakash, PW2 SI Saroj Tiwari, PW3 Ct Farukh Khan, PW4 Ct.Subhashs and PW5 Ct. Satish. Thereafter the accused Mohd Liton and Dev Kumar @ Daboo have filed separate applications for pleading guilty. Their statements were recorded separately. They have explained that due to illadvise and some confusion at that time they did not speak the truth and they pleaded not guilty to the charges framed against them on 04/1/07 for which they regret. Now they by introspection out of their own volition and free will and without any pressure of any kind from any side in order that truth should come on court record have pleaded guilty to the charges framed against them. Their applications for pleading guilty in this regard are Ex.A1, A2 & Ex.B1, Ex.B2.
3. In view of the statements of the accused persons namely Mohd Liton and Dev Kumar and the facts mentioned in their applications I am satisfied that they pleaded guilty voluntary. Therefore, both the accused persons are convicted U/s 399/402/34 IPC and accused Mohd Liton in addition also convicted U/s 25 Indian Arms Act. Let they 3 be heard on the point of sentence.
Announced in the open court ( S.K.SARVARIA ) on 06/08/2008. Additional Sessions Judge New Delhi.
IN THE COURT OF SHRI S K SARVARIA : ADDITIONAL SESSIONS JUDGE : NEW DELHI.
Sessions Case No : 240/06
State vs 1. Mohd Litton .....A1
s/o Mohd Hussain
r/o Jhuggi No.D81
Madanpur Khadar Phase II,
New Delhi.
2. Dev Kumar @ Daboo .....A2
s/o Ram Kumar
r/o D81, Phase II,
Madanpur Khadar,
New Delhi.
FIR No : 257/06
PS : Lajpat Nagar
U/s : 399/402 IPC
4
& 25/54/59 Arms Act
ORDER ON THE POINT OF SENTENCE.
I have heard the Addl. PP for State and the two accused persons. The two accused persons are stated to be in judicial custody since 18/3/06 and no previous conviction is alleged or proved against them. Therefore, they are sentenced to undergo RI for 2 ½ years and to pay a fine of Rs.50/ each for of the offence U/s 399/34 IPC. Indefault of payment of fine, SI for one day each. Similarly they are sentenced to undergo RI for 2 ½ years and to pay a fine of Rs.50/ each for the offence U/s 402/34 IPC. Indefault of payment of fine, they shall undergo SI for one day each. Further accused Mohd Liton is sentenced to undergo R.I for one year and to pay a fine of Rs.50/ for the offence U/s 25 Indian Arms Act. In default of payment of fine, he shall undergo SI for one day. The substantive sentences of imprisonment awarded to both the accused shall run concurrently.
2. The period of detention already undergone by the accused persons during investigation and trial of the case shall be set off against the term of imprisonment imposed by this order as provided U/s 428 5 Cr.P.C. Copy of the order be given to the convicts free of cost. Announced in the open court ( S.K.SARVARIA ) on 06/08/2008. Additional Sessions Judge New Delhi.