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2013 Supreme(Del) 676

SANJIV KHANNA, VED PRAKASH
Mohd. Saleem – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant:R.M. Tufail, Vishal Raj Sehijpal, Advocates.
For the Respondent: Ms. Richa Kapoor, APP.

Judgment :-

Vaish Sanjiv Khanna, J.

1. Mohd. Saleem by this appeal challenges his conviction under Section 302 read with Section 34 Indian Penal Code, 1860 (IPC) for having caused death of Head Constable Naresh; Section 307 read with Section 34 IPC for having attempted to cause death of ASI Jagpal; Section 427 for causing damage to the PCR van i.e. public property and under Sections 4 and 5(1) of Delhi Agricultural Cattle Preservation Act for transporting and selling cow meat. By order on sentence dated 25th March, 2011, for the offence under Section 302 IPC the appellant has been sentenced to life imprisonment; under Section 307 IPC imprisonment of 10 years with fine of Rs.10,000/-, in default of payment of which, the appellant has to undergo imprisonment of six months; under Section 427 IPC rigorous imprisonment of 1 year and under Section 12 of Delhi Agricultural Cattle Preservation Act, 3 years’ rigorous imprisonment and fine of Rs.5,000/-, in default of payment of fine, he has to undergo imprisonment of 3 months. The sentences are to run concurrently.

2. The other co-convict Mohd. Azim was subsequently declared juvenile and the appellate proceedings against him stand closed. At































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