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2013 Supreme(Del) 578

REVA KHETRAPAL, SUNITA GUPTA
Parveen Kumar – Appellant
Versus
State of Delhi – Respondent


Advocates Appeared:
For the Appellants:R.K. Burman, Medhanshu Tripathi, Harish Sharma, S.K. Balian, Vivek Sood, Ms. Janhavi Mahana, Advocates.
For the Respondent:Ms. Richa Kapoor, APP with Ms. Karuna Chhatwal, Advocate.

Judgment :-

Reva Khetrapal, J.

1. Challenge in the aforesaid four appeals is to the conviction of the Appellants for the offences under Section 302 read with Section 34 of the Indian Penal Code, 1860, awarding an imprisonment for life to all the four Appellants with the fine of Rs.2,000/-each, in default three months simple imprisonment each.

2. The facts germane to the case of the prosecution are as follows. The first informant was Vikas, the brother of the deceased Rajesh. The version of PW3 Vikas is that he has a piggery farm. Prior to the incident two to four times his pigs were stolen but the matter was not reported to the police. On the day of the incident i.e. on 6.5.2002, he and his brother Rajesh had gone to the vicinity of Jindpur Godown at about 9.00 p.m. to take back their pigs, which happened to be grazing there at that time. When they were sitting on the stairs of a shop and were watching their pigs, at about 9.30 p.m., a white coloured Maruti Van came from the G.T. Road and stopped near the pigs. There were four persons in the van. They alighted from the van and started catching their pigs. Seeing this, Rajesh followed those four boys. He (Vikas) was behind Rajesh.



































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