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2015 Supreme(SC) 868

PINAKI CHANDRA GHOSE, R.K.AGRAWAL
STATE (GOVERNMENT OF NCT OF DELHI) – Appellant
Versus
NITIN GUNWANT SHAH – Respondent


Judgment

Pinaki Chandra Ghose, J.

1. These appeals, by special leave, have been directed against the judgment and order dated February 22, 2007 passed by the High Court of Delhi at New Delhi in Criminal Appeal Nos.519/2006 and 527/2006, whereby the High Court allowed the criminal appeals filed by the respondents herein and acquitted both of them.

2. The facts giving rise to these appeals, briefly stated, are that in the morning of August 2, 1992, when one Lalit Suneja was returning to his house after offering prayers to God, he was shot dead by two unknown persons near to his house. A neighbour, namely Nerendra Pal Naresh, who happened to pass through that street, set the law into motion by informing the police. FIR No.258/1992 was registered by the said Nerendra Pal Naresh at P.S. Shakarpur, East Delhi, about the incident. During investigation, the Investigating Officer came across a complaint Ext. PW15/A1 lodged in the name of Lalit Suneja at P.S. Nizamuddin, New Delhi. Investigation was thrown into the case and the following story was disclosed by the prosecution:

3. Accused Nitin Shah was carrying on his business through a proprietary concern M/s. Simnit Enterprises and he had empl





























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