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2015 Supreme(Del) 1711

SANJIV KHANNA, R.K.GAUBA
ATAMBIR SINGH @ CHOTA BABLA – Appellant
Versus
STATE OF DELHI – Respondent


Advocate Appeared:
CRL.A. 392/1998
Mr. Vivek Sood, Sr. Advocate with Mr. M. L. Yadav, Advocate
Mr. Varun Goswami, APP.
CRL.A. 399/1998
Mr. N. Hariharan, Sr. Advocate with Mr. Sarvan S. Chauhan, Mr. Vaibhav Sharma, Mr. Siddharth S. Yadav, Mr. Varun Deswal & Mr. Amit S. Chauhan, Advocates
Mr. Varun Goswami, APP.
CRL.A. 439/2013
Mr. Varun Goswami, APP along with Inspector Rakesh Kumar, P.S. Adarsh Nagar
Mr. Sumeet Verma & Mr. Amit Kala, Advocates

JUDGMENT :

R.K. GAUBA, J.

1. On 12.06.1995 Jitender Kumar son of Sh. Jagdish, 23 years old R/o D-301, Janakpuri was brought to Hindu Rao Hospital by PCR officials (Head Constable Harpal Singh) at about 6:10 PM with stab wounds. He was examined against MLC (Ex.PW-16/A) and given medical treatment. He succumbed to the injuries during treatment and was declared dead at 0210 hours of 13.06.1995. FIR No.233/95 (Ex.PW-13/A) was registered against this backdrop in P.S Adarsh Nagar in the course of investigation into which evidence statedly came to be gathered additionally about the death of Jitender Kumar being homicidal and about attempt having been made to commit murder of Mohinder Singh (PW-6) and Rahul (PW-20) in the course of same occurrence.

2. The appellants Sukhwant Singh @ Babla (accused No.1 in trial Court record), (Crl.A.No.399/1998), Atambir Singh @ Chota Babla (accused No.2 in trial Court record) (Crl.A.No.392/1998) and Virender Singh @ Jyoti (accused No. 3 in trial Court record) (respondent in Crl.A.No.439/2013) were brought to trial on the basis of report of investigation into aforementioned FIR. They were charged with offences punishable under Sections 302/34 and 307/34 IPC.




























































































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