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2011 Supreme(Del) 181

BADAR DURREZ AHMED, MANMOHAN SINGH
Rashid – Appellant
Versus
State Govt. of NCT of Delhi – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Avadh Bihari Kaushik, Adv.
For Respondents/Defendant: Richa Kapoor, Addl. Standing Counsel

JUDGMENT

Badar Durrez Ahmed, J.

1. This appeal is directed against the judgment dated 16th November, 2010 in Sessions Case No. 08/2008 arising out of an FIR No. 615/2005 registered at Police Station Samaipur Badli under Section 302/316/34 IPC. Initially, the said FIR was registered under Section 307 and thereafter Section 316 was added on the death of quick unborn foetus (unborn child) which the deceased Smt. Rashida was carrying at the time of the incident. Subsequently, on the death of Smt. Rashida on 03.09.2005, Section 302 IPC replaced Section 307 IPC. This appeal is also directed against the order on the point of sentence which was passed on 26.11.2010. The learned Additional Sessions Judge after convicting all the three Appellants, namely, Rashid, Mohd. Kamil and Smt. Mehtab sentenced them to imprisonment for life along with fine of Rs. 1,000/- each, and in default where of, 60 days simple imprisonment each, in respect of the offence under Section 302/34 IPC. All the three convicts were also awarded sentences of imprisonment of five years with a fine of Rs. 500/- each, and in default whereof, imprisonment of 30 days each for the offence under Section 316/34 IPC. The sentences w








































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