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2023 Supreme(SC) 687

B. R. GAVAI, PRASHANT KUMAR MISHRA
Kamal – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
For the Appellant(s) : Mrs. K. Sarada Devi, AOR Mr. R.vijay Nandan Reddy, Adv. Mr. V.krishna Swaroop, Adv. Ms. Kheyali Singh, AOR
For the Respondent(s): Ms. Sunita Sharma,Adv. Mr. Shreekant Neelappa Terdal, AOR

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted in appeal arising out of SLP (Crl.) No. 6213 of 2021.

2. The appeals challenge the judgment and order dated 5th August 2014 passed by the High Court of Delhi at New Delhi in Criminal Appeal Nos. 1242, 936 and 1136 of 2013, thereby affirming the judgment and order dated 17th May 2013 passed by the Additional Sessions Judge-II (North-West), Rohini Courts, Delhi (hereinafter referred to as the ‘trial court’) vide which the trial court convicted the original three accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced them to undergo imprisonment for life.

3. The prosecution story, shorn of details, is as under:

    3.1 On 10th September 2009 at around 04.15 pm, complainant-Surat Singh, brother of the deceased Hoshiyar Singh, came to the house of the deceased and found him lying dead on the cot. In the meantime, his elder brother Jai Singh (PW-20) also reached the spot. The deceased was taken to the hospital where he was declared dead.

    3.2 The First Information Report (for short ‘FIR’) came to be lodged expressing suspicion on Prem Singh, son of the deceas

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