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2015 Supreme(Del) 3057

SANJIV KHANNA, R.K.GAUBA
RAKESH – Appellant
Versus
STATE (GOVT. OF NCT OF DELHI) – Respondent


Advocates:
Advocate Appeared:
Mr. Rajender Chhabra, Adv.
Ms. Aashaa Tiwari, Appellant

JUDGMENT :

R. K. GAUBA, J.

1. On the basis of report under Section 173 of the Code of the Criminal Procedure, (“Cr.P.C.”) submitted on conclusion of investigation into FIR No. 21/2005 of police station Bawana, the two appellants were put to trial (with two others) on the charge of they having entered into a criminal conspiracy on or about 12.1.2005 and, in furtherance of the common object thereof, having abducted Yogender Kumar son of Baljit Singh sometime around 6.30 p.m. on the said day from Bawana along with motor vehicle used as taxi make Tata sumo bearing registration No.DL 3C W 1174 (“the taxi”) with the intention of causing him (Yogender) to be secretly and wrongly confined and thereafter committing his murder near village Ahmednagar, falling within the jurisdiction of police station Bulandshahr (UP), on the same night, causing disappearance of the evidence of the said offences by throwing the dead body in the fields of wheat and selling off the taxi for consideration and thereby having committed offences punishable under Section 120-B of the Indian Penal Code, 1860 (“IPC”) and Sections 365/302/201 IPC. By judgment dated 2nd March, 2013 in Sessions Case No.307/2006 they were

















































































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