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2014 Supreme(Del) 2512

S.MURALIDHAR
Firoz Khan – Appellant
Versus
State (Nct of Delhi) – Respondent


Advocates Appeared:
For the Appellant:Arundhati Katju & Himanshu Suman, Vikas Padora, D.B. Yadav, Advocates.
For the Respondent: Rajat Katyal, APP, S.I. Govind Singh, PS.

Judgment :

1. These appeals are directed against the impugned judgment dated 7th November 2013 passed by the learned Additional Sessions Judge in SC No. 378/1/10 convicting the three Appellants for the offences punishable under Sections 458/34 IPC and Section 392 read with Section 397 IPC and the order on sentence dated 22nd January 2014 convicting each of them to rigorous imprisonment (‘RI’) for seven years along with fine of Rs. 10,000, and in default, to undergo simple imprisonment (‘SI’) for six months for each of the aforementioned offences. All the sentences were directed to run concurrently.

Case of the prosecution

2. The case of the prosecution as spoken about by Mohd. Mukhtar Alam @ Azad (PW-3) in Court was that he had a readymade garment shop at Tank Road, Karol Bagh, Delhi. On 28th August 2009, at around 10:45 pm, he had dinner with his wife, Reshma (PW-11) and his two children – son Mohd. Arman, aged 31/2 years and daughter Alia, aged about 8 months. After an hour, they all went to sleep in the same room. The premises was B-41, Gali Jamuna Wali, Som Bazar, Uttam Nagar, Delhi. The house measured 27 sq. yds., with one room each on the ground and first floor. On the ground

































































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