Supreme Court - Daily Orders
Om Prakash vs State(Govt.Of Nct Of Delhi) on 27 July, 2016
Bench: Pinaki Chandra Ghose, Amitava Roy
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 2357/2010
OM PRAKASH & ANR. Appellant(s)
VERSUS
STATE(GOVT.OF NCT OF DELHI) Respondent(s)
O R D E R
We have heard Mr. S.K. Sharma, learned counsel appearing for the appellants – accused at length.
We have been taken through the Judgments of the Trial Court as well as the High Court delivered.
We have also taken note of the evidence of the witnesses. The Trial Court vide its Judgment and Order dated 13/15-11-1996 convicted the accused – appellants herein, under Sections 148 and 302 read with Section 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years for the offence under Section 148 and life imprisonment for the offences under Section 302 read with Section 149 of the said Code with default stipulations.
The High Court after analyzing the evidence while maintaining the sentence awarded to the appellants for offence punishable under Section 302 read with Section 149 of the Code, set aside the sentence awarded to the appellants under Section 148 of the Code. The High Court also sentenced the appellants – accused to undergo rigorous imprisonment for two years and six months for the offences punishable under Sections 147 and 188 of the Code and all the sentences were ordered to run concurrently.
After carefully considering the matter, we do not find any reason to interfere with the impugned Judgment and Order dated 7-12-2009 passed by the High Court of Delhi.
Signature Not Verified Digitally signed by In view of that, we find no merit in the appeal filed by the VISHAL ANAND Date: 2016.07.29appellants – accused.
11:07:44 IST Reason: -2-Accordingly, the Criminal Appeal is dismissed. Needless to say the bail which was granted to the appellants pursuant to Order dated 10-12-2010 of this Court stands cancelled and both of them are directed to surrender before the appropriate Court within a period of four weeks from the date of communication of this Order, failing which the Police Authorities are directed to take them into custody to serve out the remaining period of sentence.
......................J (PINAKI CHANDRA GHOSE) ......................J (AMITAVA ROY) NEW DELHI;
27TH JULY, 2016.
-3-ITEM NO.103 COURT NO.9 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 2357/2010
OM PRAKASH & ANR. Appellant(s)
VERSUS
STATE(GOVT.OF NCT OF DELHI) Respondent(s)
(With office report)
Date: 27/07/2016 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. S.K. Sharma, Adv.
Mr. Archit Vasudeva, Adv
Mr. Rahul Sharma, Adv.
Mr. B. K. Satija,Adv.
For Respondent(s)
Ms. Kiran Suri, Sr. Adv.
Mr. Bharat Singh, Adv.
Dr. Ritu Bhardwaj, Adv.
Mr. D. S. Mahra,Adv.
Mr. Harish Kr. K., Adv.
UPON hearing the counsel the Court made the following O R D E R The Criminal Appeal is dismissed in terms of the signed order. Needless to say the bail which was granted to the appellants pursuant to Order dated 10-12-2010 of this Court stands cancelled and both of them are directed to surrender before the appropriate Court within a period of four weeks from the date of communication of this Order, failing which the Police Authorities are directed to take them into custody to serve out the remaining period of sentence.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)