Sanjiv Khanna, J. - (1.) Afore -stated Criminal Appeal No. 160/2013, filed by Rakesh, Criminal Appeal No. 149/2013, filed by Vijay @ Rajesh and Criminal Appeal No. 162/2013 filed by Om Prakash, question judgment dated 12th December, 2012, convicting Rakesh under Sec. 302/34 and Sec. 397 of the Indian Penal Code, 1860 (IPC, for short) and Sec. 27(1) of the Arms Act, 1959 (Arms Act, for short), Vijay @ Rajesh under Ss. 302/34 and 392 IPC and Om Prakash under Sec. 411 IPC.
(2.) The convictions arise from the charge -sheet filed in FIR No. 62/2002, police station Anand Parbat, relating to murder of Mohan Lal Bansal and heist involving looting of Rs. 25 lacs on 28th February, 2002.
(3.) By order on sentence dated 15th December, 2012, Rakesh and Vijay @ Rajesh have been convicted for imprisonment for life, fine of Rs. 10,000/ - each and in default of payment of fine, simple imprisonment of two years for the offence under Sec. 302 read with Sec. 34 IPC. Vijay @ Rajesh has been convicted for rigorous imprisonment for five years, fine of Rs. 5,000/ - and in default simple imprisonment for six months for the offence under Sec. 392 IPC and Rakesh has been convicted under Sec. 397 IPC for rigorous imprisonment for seven years and under Sec. 27(1) of the Arms Act for rigorous imprisonment of seven years, fine of Rs. 5,000/ - and in default simple imprisonment of one year. Om Prakash has been sentenced under Sec. 411 IPC with rigorous imprisonment for six months, fine of Rs. 10,000/ - and in default to undergo simple imprisonment for two months. The sentences are to run concurrently and Sec. 428 of the Code of Criminal Procedure, 1973 (CrPC for short) it stands observed would apply.;