A.K.SIKRI,J. - (1.) Criminal Appeal Nos. 2133 of 2017 and 2134 of 2017 are filed by Jitendra @ Kalla (hereinafter referred to as the "appellant") against whom two FIRs, namely, FIR No. 67 of 1999 under Sections 302/307/34 of the Indian Penal Code (for short, "IPC") and FIR No. 68 of 1999 under Sections 120B/302, IPC were registered. After investigation and filing of charge sheets in both the incidents, the charges under aforesaid provisions were framed and trial took place. The trial court convicted the appellant by a common judgment dated July 01, 2013. Though we would take note of the facts, which are relevant for these appeals, in some detail hereinafter, it would be pertinent to mention at this stage that as per the case of the prosecution the appellant murdered one Anil Badana on March 10, 1999 in the marriage reception of one, Vijay, within the area of Police Station Keshav Puram. Apart from other persons, one, Sumit Nayyar, son of Kimti Lal Nayyar was eyewitness to the said incident and had immediately informed the police about the murder of Anil Badana by making PCR calls wherein he had specifically named the appellant as a person who had committed the crime. As per the prosecution, in order to liquidate this eyewitness also, on the same night, intervening March 10 and 11, 1999, at around 12:30 am, the appellant went to he house of Sumit Nayyar in Mukherjee Nagar, Delhi and rang doorbell. Sumit's father, Kimti Lal Nayyar came out to check as to who had rung doorbell of his house, someone fired upon with a gun and three bullets hit his body. The investigation revealed that it is the appellant who had shot dead Kimti Lal Nayyar as well. The two FIRs mentioned above pertain to these two incidents.
(2.) After recording the finding of guilt in both the cases and convicting the appellant for the charges framed against him in the FIR No. 67 of 1999 the appellant was sentenced to rigorous imprisonment for life with a direction that he shall not be considered for grant of remission till he undergoes the actual sentence of 30 years plus fine in the sum of Rs. 3 lac. In default of payment of fine further simple imprisonment for a period of three years was awarded. Out of the aforesaid fine of Rs. 3 lac, a sum of Rs. 1 lac was to be paid to the State and balance of Rs. 2 lac was directed to be paid to the family of deceased -- Anil Badana as compensation under Section 357 of Code of Criminal Procedure (For short, 'CrPC"). For offences under Section 307 of the IPC, the appellant was sentenced to rigorous imprisonment for 10 years and a fine of Rs. 1 lac, in default of payment of fine further simple imprisonment for a period of one year. These sentences are to run concurrently. Insofar as conviction under FIR No. 68 of 1999 are concerned, the appellant was sentenced to undergo rigorous imprisonment for life by making it clear that it is till the rest of his life and he was also directed to pay a fine of Rs. 3 lac in this case also which was to be shared in the same manner, namely, Rs. 1 lac to the State and Rs. 2 lac to the family of deceased -- Kimti Lal Nayyar. The trial court also directed that sentence in this case would start running consequent to and only after the conclusion of sentence imposed in FIR No. 67 of 1999.
(3.) Against these convictions, the appellant filed two appeals before the High Court which were decided by a common judgment dated December 24, 2016. During the arguments, the counsel for the appellant made a statement at the Bar to the effect that the appellant did not intend to press the challenge to the findings of conviction recorded by the Trial Court and confined his submissions only to the sentencing part.;