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2023 Supreme(SC) 1059

ABHAY S. OKA, SANJAY KAROL
Abhishek Sharma – Appellant
Versus
State (Govt. Of NCT of Delhi) – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Kamini Jaiswal, AOR Ms. Rani Mishra, Adv. Mr. Anish Dhingra, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, ASG Ms. Shivika Mehra, Adv. Ms. B.L.N. Shivani, Adv. Ms. Manisha Chava, Adv. Ms. Rukmini Bobde, Adv. Mr. Shreekant Neelappa Terdal, AOR

JUDGMENT :

SANJAY KAROL J.

1. This appeal impugns a judgment and order of conviction passed by the High Court of Delhi in Criminal Appeal No. 431 of 2009 dated 31 May 2010, confirming the Appellant- Abhishek Sharma's sentence of life imprisonment under Section 302 of the Indian Penal Code, 18601[For Short, IPC], as awarded by Additional Sessions Judge, Delhi, vide judgment dated 30 April 2009.

FACTS

2. The facts, as reflected in the judgments of the courts below, are: -

2.1 Abhishek Sharma2[Hereinafter referred to as “convict-appellant”] and Mandeep Kaur3[Hereinafter referred to as the "Deceased"] were colleagues at M/s Sai Telecom at Saraswati Vihar, Delhi where the former was a customer care executive and the latter the team leader/operation manager. On the intervening night of 20th-21st September 2007, the deceased was found engulfed in flames near the Queen Mary School, Model Town, Delhi. Despite efforts to save her at two different hospitals, namely LNJP Hospital and Maharaja Agrasen Hospital, she passed away on 03 October 2007.

2.2 It is recorded that a friendship had developed


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