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2020 Supreme(SC) 349

DEEPAK GUPTA, ANIRUDDHA BOSE
DHANPAL – Appellant
Versus
STATE NCT OF DELHI – Respondent


Advocates Appeared:
For the Appellant : Arun K. Sinha,
For the Respondents:B.V. Balaram Das, Advocate

JUDGMENT

ANIRUDDHA BOSE, J.

A collective assault resulting in the death of one Ajay Kumar Sharma gives rise to these three appeals. The incident occurred in the evening of 9th August, 1996. Cause of his death was stabbing injuries inflicted on him in course of such assault. Sanjeev, the appellant in Criminal Appeal No.1442 of 2019 arising out of SLP (Crl.) No.3045 of 2010 had, while riding on his two-wheeler hit a cycle cart belonging to one Sanjay, at a location close to the latter’s house in Purana Maujpur under Bhajanpura police station, North East Delhi. Deceased victim Ajay was Sanjay’s cousin. As per prosecution evidence disclosed during the trial, there was some kind of verbal altercation between said Sanjeev and Sanjay after the collision. Sant Ram, the appellant in the proceeding in Criminal Appeal No.1441 of 2019 arising out of SLP(Crl.) No.3043 of 2010, also reached the spot and took Sanjeev’s side in such quarrel. At the intervention of two relatives of Sanjay, Narender Kumar (P.W.3) and Sobha Ram (P.W.4), there was a temporary truce with Sanjeev and Sant Ram leaving that spot. Sanjeev however returned after a short while along with three other individuals, Kamal, Dhanpal


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