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2013 Supreme(Del) 301

G.P.MITTAL
Nadeem – Appellant
Versus
State of NCT – Respondent


Advocates appeared:
For the Appellant:Ayush Gupta, Advocate.
For the Respondents:R1, Ms. Rajdipa Behura, APP, R2 to R4, P.S. Gondi, Advocate.

Judgment

G.P. Mittal, J.

1. Appellant who is a victim of murderous assault by Respondents No.2 to 4 approaches this Court under Section 372(proviso) for enhancement of sentence to them as they were released on furnishing bond of good conduct under Section 4 of the Probation of Offenders Act, 1958(Act of 1958) after having holding them guilty under Section 307 Indian Penal Code (IPC).

2. The Appellant is brother of Wasim. Wasim is husband of Shabnam. Respondents Rashid and Shahid are brothers of Shabnam, whereas Respondent Imran is cousin of Shabnam. It is the case of the prosecution that there was some acrimony between the family of Wasim (complainant’s family) and the family of Shabnam on account of matrimonial discord between the two (Wasim and Shabnam). The Respondents were nursing a grudge against Wasim and his family members as their sister Shabnam was being ill-treated by Wasim and his family members.

3. As per prosecution version, on 16.05.2007 at about 12 midnight Appellant Nadeem was sitting on the stairs leading to his house when the three Respondents came there. It is alleged that the three Respondents who were accompanied by one more person at that time wanted to know a



























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