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2014 Supreme(Del) 2804

KAILASH GAMBHIR, SUNITA GUPTA
Kamal Kishore & Anr. – Appellant
Versus
State of Delhi – Respondent


Advocates Appeared:
For the Appellants :Mr. Anurag Jain, Advocate.
For the Respondent: Ms. Richa Kapoor, APP with Mr. Rakesh Sangwan, SHO, Vivek Vihar.

Sunita Gupta, J.:--

1. Challenge in this appeal is to the judgment dated 22nd January, 2000 and order on sentence dated 27th January, 2000 passed by learned Additional Sessions Judge, Shahdara, Delhi in Sessions Case No. 58/1998 arising out of FIR No. 62/98, PS Vivek Vihar whereby the appellants were held guilty of offence u/s 302/34 IPC and u/s 27 of the Arms Act and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each and in default of payment of fine, to further undergo RI for 15 days for offence u/s 302/34 IPC. They were also sentenced to undergo Rigorous Imprisonment for a period of three years with a fine of Rs. 100 each, in default to undergo 10 days RI for the offence under Section 27 of the Arms Act.

2. Prosecution case emanates from the fact that the deceased Keemti Lal Kapoor was doing the business of property dealer at 28/8, Gali No. 15, Vishwas Nagar, Delhi. Opposite his shop, there was a shop of the appellant Kamal Kishore who was doing the business of electronics. Appellant Jai Bhagwan also used to sit with Kamal Kishore at his electronic shop. Kamal Kishore had extended the shop unauthorizedly. Complaints were made by the deceased Keemti


























































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