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2022 Supreme(SC) 559

ABHAY S. OKA, M. M. SUNDRESH
Shishpal @ Shishu – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K. Sarada Devi, Avinash Sharma, Advocate
For the Respondent:B. V. Balaram Das, Advocate

JUDGMENT :

M. M. Sundresh, J.

1. These two appeals have been filed by A1 and A3 respectively to overturn the conviction sentencing them for life for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’) by the learned Additional Sessions Judge (East) FTC: E-Court, Karkardooma Court, Delhi, as confirmed by the Division Bench of the High Court of Delhi. Of the three accused convicted, only two are before us. The overt act attributed as against these two accused on the basis of Section 34 IPC being identical, we deem it appropriate to pass a common order.

2. On 10.01.2010 at about 8.00 pm, the deceased and PW4 were standing in the queue before a liquor shop. A-2 (not before us) attacked the deceased by causing a single injury with a knife while the appellants caught hold of him. All the accused reportedly dragged the deceased from the queue of the liquor shop and committed the offence they were charged with.

3. Before the trial Court, the prosecution examined 22 witnesses as against 8 by the defence. PW1 is stated to be the wife


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