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2007 Supreme(Del) 1703

High Court Of Delhi
R. S. SODHI, H. R. MALHOTRA
SHIBU SOREN - Appellant
Versus
C. B. I. - Respondents
CRIMINAL M 1865 Of 2007
Decided On : 08/22/2007

Advocates Appeared:
A.K.SINGH, D.C.MATHUR, K.Sunil, R.K.Anand, Rajni Gupta, S.K.Santoshi, S.S.GANDHI, SANJEEV KUMAR, Satyanarayan Vashisht, SIDDHARTH LUTHRA

Headnote:Penal Code, 1860

       Section 302, 120B, 365 & 201 - Murder — Criminal Conspiracy, Kidnapping and Disappearance of evidence — Murder of P.A. to accused-M.P. — Demand of cuts from bribe received by M.P. (JMM Leader) in order to defeat No Confidence Motion — Prosecution failed to establish conspiracy — No evidence on record to show that the body of deceased had initially been buried near the brick klin and thereafter transferred to the farmhouse of BPS — No evidence to show as to who led the CBI to the skeleton exhumed on 13.8.1998 — Conviction not sustainable, hence set aside. — Appellant acquitted.

R. S. SODHI, J.

( 1 ) CRIMINAL Appeal Nos. 64 of 2007, 158 of 2007 and Criminal Revision No. 99 of 2007 seek to challenge judgment and order of additional Sessions Judge, Tis Hazari Courts, delhi, in Sessions Case No. 3 of 2006, arising out of F. I. R. being R. C. No. 5 (S)/96-SIU- (XI)/cbi/new Delhi, whereby learned judge vide his judgment dated 28. 11. 2006, while acquitting Suni! Khaware and Ashish Thakur, has convicted the appellants, namely, Shibu soren, for an offence under Section 120-B read with Section 364/302 IPC; Nand kishore Mehta @ Nandu under Section 120-B read with Section 364/302 IPC and for substantive offence under Section 302/201 ipc; Shalendra Bhattacharya under Section 120-B read with Section 364/302 IPC and for substantive offence under Section 201 ipc; Ajay Kumar Mehta @ Dilip under Section 120-B read with Section 364/302 IPC and for substantive offence under Section 201 ipc and Pashupati Nath Mehta @ Posho under Section 120-B read with Section 364/302 ipc and for substantive offence under section 201 IPC. Further, vide his order dated 5. 12. 2006 has sentenced Shibu Soren to life imprisonment with fine of Rs. 5 lacs and in default of payment of fine, further rigorous Imprisonment for one year under section 120-B read with Section 364/302 ipc. Out of the fine, the entire amount was to be paid as compensation to the family of the deceased in proportions mentioned therein. Nand Kishore Mehta @ Nandu was awarded sentence of imprisonment for life besides fine of Rs. 10,000/- and in default, shall undergo Rigorous Imprisonment for one year under Section 120-B read with section 364/302 IPC. He was further sentenced to imprisonment for life with fine of Rs. 10,000/- and in default of payment, shall undergo Rigorous Imprisonment for one year for substantive offence under section 302 IPC as also Rigorous imprisonment for three years and fine of rs. 5,000/- and in default, further Rigorous imprisonment for six months for substantive offence under Section 201 IPC. Shalendra bhattacharya was awarded sentence of imprisonment for life besides fine of rs. 10,000/- and in default, shall undergo rigorous Imprisonment for one year under section 120-B read with Section 364/302 ipc. He was further sentenced to undergo rigorous Imprisonment for three years and fine of Rs. 5,000/- and in default, further rigorous Imprisonment for six months for substantive offence under Section 201 IPC. Ajay Kumar Mehta @ Dilip was awarded sentence of imprisonment for life besides fine of Rs. 10,000/- and in default, shall undergo Rigorous Imprisonment for one year under Section 120-B read with Section 364/302 IPC. He was further sentenced to undergo Rigorous Imprisonment for three years and fine of Rs. 5,000/- and in default, further Rigorous Imprisonment for six months for substantive offence under section 201 IPC. Pashupati Nath Mehta @ posho was awarded sentence of imprisonment for life besides fine of rs. 10,000/- and in default, shall undergo rigorous Imprisonment for one year under section 120-B read with Section 364/302 ipc. He was further sentenced to undergo rigorous Imprisonment for three years and fine of Rs. 5,000/- and in default, further rigorous Imprisonment for six months for substantive offence under Section 201 IPC. All sentences were directed to run concurrently.

( 2 ) BRIEF facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows :-

"seven accused persons, namely, (1)Shibu Soren, (2) Sunil Khaware, (3)Ashish Thakur, (4) Nand Kishore Mehta @ Nandu, (5) Shalendra Bhattacharya, (6) Ajay Kumar Mehta @ Dilip and (7)Pashupati Nath Mehta @ Posho have been chargesheeted by C. B. I. for facing trial in a case bearing RC no. 5 (S)-96/siu/xi, New Delhi for offence punishable 364/302/201/120-B I. P. C. on the basic accusation of having hatching criminal conspiracy by all the accused being masterminded by accused Shibu Soren for abduction and murder of Sh. Shashi Nath J
















































































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