SAPNA TALWAR Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against impugned judgment dated 08.04.2009 and subsequent order on sentence date 20.04.2009 delivered by Additional Sessions Judge, North East District, Delhi in case No. 50/2006, FIR No. 191/2002, P.S. Vivek Vihar, whereby the appellants Sapna Talwar and Satyajeet were convicted under Section 302 IPC and were sentenced to rigorous imprisonment for life, they were also convicted under Section 365 IPC and were sentenced to undergo simple imprisonment for five years and pay a fine of Rs. 1000/- in default of which to undergo simple imprisonment for three months. Further, appellants Sapna Talwar and Satyajeet were also convicted under Section 201 IPC and were to undergo simple imprisonment for two years and pay a fine of Rs. 500/- in default of which to undergo simple imprisonment for one and a half months. Appellant Yunus was only convicted for an offence under Section 120 B IPC. In addition, Sapna Talwar and Satyajeet have also been sentenced under Section 120 B IPC and all three of them were to undergo rigorous imprisonment for life for offence under the abovementioned provision.

(2.) All the aforesaid sentences were to run concurrently and all the three were given benefit of Section 428.

(3.) The facts as per the prosecution's case are that on 13.07.2002 one Laxman Dass informed the police that his younger brother Vijay Kumar (hereinafter referred to as the deceased) was missing, he said that 12.07.2002 at about 1:00 pm, his brother was to meet one person from Haridwar in the Meridian Hotel, Delhi but that meeting was not held and since then his brother was missing. During the investigation police interrogated Yunus the appellant herein, who stated that appellants Sapna and Satya Jeet had departed to Lucknow. The police contacted the Lucknow Railway police and both the accused persons were arrested at the Lucknow Police Station by the local Railway police at Lucknow.