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VIKRAM NATH, SANDEEP MEHTA
Raj Kumar @ Bheema – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. The instant appeal is directed against the final judgment and order dated 29th September, 2022, passed by the Division Bench of the High Court of Delhi at New Delhi1[Hereinafter, referred to as the “High Court”.] in Criminal Appeal No. 281 of 2021, whereby the appeal preferred by the appellant Raj Kumar @ Bheema2[Hereinafter, referred to as the “accused-appellant”.] came to be dismissed, affirming the judgment dated 12th February, 2021, rendered by the learned Additional Sessions Judge, South East, Saket Courts, New Delhi3[ Hereinafter, referred to as the “trial Court”.]. By the said judgment, while the accused-appellant was acquitted of the charges under Sections 3, 3(1)(i), 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 19994[For short, ‘MCOCA’.], and Sections 396, 307, 397, 412 read with Section 34 of the Indian Penal Code, 18605[For short, ‘IPC’.], he was convicted for the offence punishable under Section 302 IPC, whereas the remaining co-accused were acquitted. The High Court further affirmed the order on sentence dated 20th February, 2021, whereby the accused-appellant was sentenced to underg
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