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2015 Supreme(Del) 2693

ASHUTOSH KUMAR
Ram Kumar Pathak – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
Mr. K.K. Sud, Mr. Pranshu Dhingra
Ms. Rajni Gupta, APP. ASI Devender Kumar, P.S. Uttam Nagar

JUDGMENT :

Ashutosh Kumar, J.

1. All the appeals have been heard together and are being disposed of by this common judgment.

2. Ram Kumar Pathak, (appellant in Criminal Appeal No.285/2011), Shobran Pal and Ramesh Pal (appellants in Criminal Appeal no.897/2011) have challenged the judgment and order of conviction dated 11.02.2011 and 15.02.2011 passed by the learned Additional Sessions Judge (North-West-04), Rohini, Delhi, in Sessions case no.75/2009, arising out of FIR No.807/2006 (PS Uttam Nagar), whereby they have been convicted under Sections 308/34 of the IPC and have been sentenced to undergo Rigorous Imprisonment for four years, fine of Rs.7,000/- and in default of payment of fine, a further Simple Imprisonment of 7 months, with the benefit of Section 428 of the Code of Criminal Procedure (for short “Cr.P.C.”) accruing to them.

3. Durvesh Singh (appellant in Criminal Appeal No.513/2011), has on the other hand, challenged the judgment on the ground that from the evidence adduced during the course of trial, the accused persons ought to have been convicted under Section 307/34 of the IPC and not under Section 308/34 of the IPC.

4. Durvesh Singh has also questioned the adequacy of the


















































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