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2003 Supreme(SC) 1018

DORAISWAMY RAJU, ARIJIT PASAYAT
Sunil Kumar – Appellant
Versus
State Govt. of NCTof Delhi – Respondent


JUDGMENT

Arijit Pasayat, J.-These two appeals are directed against a Division Bench judgment of the Delhi High Court which dismissed the appeal filed by the appellants jointly. Appellants-Dharamvir and Sunil Kumar were held guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ). Accused-appellant Dharamvir was further found guilty of offence punishable under Section 27 of the Arms Act, 1959 (in short the Arms Act ). Each was sentenced to imprisonment of life and a fine of Rs. 2000/- with default stipulation. Dharamvir was separately sentenced to undergo RI for three years for the offence punishable under Section 27 of the Arms Act and a fine of Rs.1000/- with default stipulation.

2. Prosecution version delineated in its essentials is as follows:

Jai Kishan (hereinafter referred to as the deceased ) was the brother of Rajesh (PW5). They were living at Sultanpuri. Deceased used to sell eggs in a kokha and was on visiting terms with an eunuch named Mumtaz, who lived in E-Block Sultanpuri. The father of Rajesh had advised deceased to severe his relationship with Mumtaz and he had stopped going to Mumtaz. This had annoyed M

















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