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2013 Supreme(Del) 1092

SANJIV KHANNA, VED PRAKASH VAISH
Sudhir Kumar – Appellant
Versus
State of NCT of Delhi – Respondent


Advocate Appeared:
For the Appellants:Ms. Nandita Rao, Ms. Anu Narula, Advocates.
For the Respondents: Ms. Richa Kapoor, APP.

JUDGMENT

Vaish Sanjiv Khanna, J.

1. These two appeals by Sudhir Kumar and Salma arise from a common judgment and order of sentence dated 11th January, 2012 and 15th February, 2012 respectively. The two appellants have been convicted under Section 302/392/411/34 of the Indian Penal Code 1860 (IPC, for short). They have been sentenced to life imprisonment and fine of Rs.5,000/- each and in default of payment of fine to undergo rigorous imprisonment for three months each, for the offence under Section 302/34 IPC; rigorous imprisonment for five years and fine of Rs.3,000/- each and in default of payment of fine, rigorous imprisonment for two months for the offence under Section 392/34 IPC; and simple imprisonment for three years for the offence under Section 411 IPC.

2. Before determining whether the appellants are the perpetrators of the alleged crime, it will be appropriate to delineate the undisputed factual position. On 30th January, 2007 at around 8.45 AM, dead body of a male aged about 30 years, was discovered lying in Vaishali Vatika (park) near Rukmani Devi Public School, Pitampura by Naresh Kumar Kadian (PW-20), a passerby, who informed the police at telephone number 100. The














































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