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2014 Supreme(Del) 1389

SANJIV KHANNA, G.P.MITTAL
Dinesh – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Vinod Pant, Advocate.
For the Respondent: Rajdipa Behura, APP.

Judgment

Sanjiv Khanna, J.

1. Appellant-Dinesh and one Arjun Kumar (Arjun, for short) by the impugned judgment dated 1st May, 1999 were convicted for murder of Arjun’s father, namely, Devi Ram. Arjun had also preferred an appeal against conviction, but he expired on 31st March, 2008 and the appeal filed by him has abated. Hence, we are only concerned with the conviction of Dinesh under Section 302 read with Section 34 of Indian Penal Code, 1860 (IPC, for short). By order on the point of sentence dated 3rd May, 1999, Dinesh has been sentenced to undergo imprisonment for life and pay fine of Rs. 500/-.

2. The factum that Devi Ram, father of Arjun died a homicidal death and his body with multiple injuries was found on 9th January, 1993 at about 1.15 p.m. is not under challenge. On the said date and time Head Constable Sukhbir Singh, PW-4 received information from a wireless operator that a dead body was lying in the fields at Mundka, Hiren Poothana Road, Laghu Udyog Nagar. Information was recorded in DD No.11, Ex.PW4/A and handed over to SI Siri Ram, PW-29 for investigation. PW-29 reached the location along with Constable Raj Pal Singh and found dead body of a male aged about 60 years ly
























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