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2007 Supreme(Del) 36

R.S.SODHI, P.K.BHASIN
HARISH YADAV – Appellant
Versus
CBI – Respondent


Advocates Appeared:
Ashok Kumar Sharma, B.S.CHOUDHURY, JAYANT TIWARI, JUNED ALAM, MOHD SALIM, R.M.TIWARI, Tabrez Alam


P. K. BHASIN, J.

( 1 ) THESE three appeals have been preferred against the judgment dated 18-03-2006 passed by the learned Additional Sessions Judge, Delhi in Sessions case No. 78/05 whereby the three appellants have been convicted under Sections 396/397/400/201 IPC and the order dated 05-04-2006 whereby life imprisonment has been imposed upon all of them for their conviction under Sections 396 and 400 ipc besides rigorous imprisonment for seven years and a fine of Rs. 1,000/-each, in default one month?s simple imprisonment, for their conviction under section 201 IPC. Since all the appeals arise out of the same judgment and were heard also analogously the same are being disposed of by this common judgment.

( 2 ) THE facts leading to the trial and conviction of the appellants, as noticed by the learned Additional Sessions Judge in para nos. 1 to 5 of the impugned judgment, are as follows:-

"1. The history of this case is that during the intervening night of 29/30. 8. 1998, a dacoity-cum-murder took place at the residence of one Mahesh chand Gupta at D-50, Ganga Vihar, Gokul Puri, Delhi in which the said Mahesh chand was killed and his wife Smt. Madhu Gupta and his sons Master Gaur

























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