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2022 Supreme(SC) 1813

HEMANT GUPTA, VIKRAM NATH
Ubesh Khan – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates Appeared:
Mr. Senthil Jagadeesan, Advocate, Ms. Sonakshi Malhan, Advocate, Mr. Sajal Jain, Advocate and Ms. Remya Raj, Advocate, for the Appellant; Mr. Sanjay Kumar Tyagi, Advocate, Mr. G.S. Makkar, Advocate and Mr. B. V. Balaram Das, Advocate, for the Respondent

ORDER

1. The accused-appellant Ubesh Khan, son of Chhutan Khan, has preferred the present appeal against the judgment and order of the High Court of Delhi dated 30.05.2008 dismissing Criminal Appeal No. 363 of 2005 preferred against the judgement passed by Additional Sessions Judge, New Delhi convicting the appellant for : offences punishable under sections 302, 307 and 324 of Indian Penal Code, 1860 [In short 'IPC'] and awarding the following sentences:

    i) life imprisonment and fine of Rs.5000/- in default six months rigorous imprisonment under section 302 of IPC;

    ii) rigorous imprisonment for 3 years and fine of Rs.2000/- in default rigorous imprisonment for 3 months under section 307 IPC;

    iii) rigorous imprisonment for 1 year and fine of Rs1000/- in default 1 month rigorous imprisonment under section 324 IPC.

2. The facts of the case in brief are as follows :

    i) At about 9:45 AM on 16th June 2003, the appellant-Ubesh Khan, his sister Rukhsana and his brother-inlaw Sajid Master went to Mohd. Murshid's house to ask for return of the money which the latter owed to the appellant. Murshid told him that he shall return the money within 2-3 days when he recovers the same. On this, an alterca

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