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2015 Supreme(Del) 1669

SANJIV KHANNA, R.K.GAUBA
MANI KAMAT @ DINESH – Appellant
Versus
State Govt. of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Anu Narula, Adv.
For the Respondents: Ms. Aashaa Tiwari, APP

JUDGMENT :

SANJIV KHANNA, J.

1. The impugned judgment dated 24th May 2011 convicts Mani Kamat @ Dinesh (appellant) for murder of Jimmy Boodh (a girl aged about 19 years) in the intervening night between 4th and 5th July, 2008. By order on sentence dated 24th May, 2011, the appellant stands sentenced to undergo imprisonment for life, pay fine of Rs.10,000/- and in default to undergo Simple Imprisonment for one year with a direction that the appellant must undergo actual sentence of 35 years and till then grant of remission shall not be considered. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (CrPC for short) shall be given. The conviction arises in the charge sheet filed in FIR No. 330/2008, Police Station Ashok Vihar under Section 302/376/511 of the Indian Penal Code, 1860 (IPC, for short).

2. The appellant has not questioned Jimmy Boodh’s homicidal death in the intervening night of 4th and 5th July, 2008 in property No. H-5, Ashok Vihar, Phase – 1, Delhi. It is also not disputed that the dead body of Jimmy Boodh was noticed at about 7:00/7:30A.M. on 5th July, 2008 on a plastic cot in the varandah on the second floor of the aforesaid property. Testimonies of Ram (P
















































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