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2012 Supreme(Del) 3008

SANJIV KHANNA, S.P.GARG
Mukeem – Appellant
Versus
State (NCT of Delhi) – Respondent


For the Appellants :Mr. K.S. Singh with Mr. Rahul Singh, Ms. Tripta Singh, Ms. Madhu Sharma, Advocates.
For the State : Mr. Sanjay Lao, APP.
For the Appellant : Mr. Satish Tamta with Ms. Ruchi Kapur, Advo#31;cates.
For the State : Mr. Sanjay Lao, APP.

JUDGMENT :

S.P. Garg, J.;—

1. The present appeal is directed against the judgment dated 13.12.2011 and order on sentence dated 16.12.2011 of learned Additional Sessions Judge in Sessions Case No.55/2008 by which the appellants Mukeem (A-1), Khalid (A-2) and Deepak (A-3) were convicted for committing offences punishable under Section 302/394/34 IPC and 27 of Arms Act and sentenced to undergo imprisonment for life with fine.

2. The prosecution alleged that Daily Diary (DD) No.21 (Ex.PW-17-A) was recorded at police station Nand Nagri on 27.02.2006 at 5:50 P.M. on receipt of information that a child aged 14-15 years was murdered at House No.33A, Gali No.1, Bank Colony. The investigation was assigned to SI Ajay Singh Negi (PW-17) who with ASI Jalbir Singh (PW-14) and Constable Khursid reached there. The incident had taken place in House No.A-14 Adarsh Colony, Bank Enclave. On reaching there, they found the door of the house on the ground floor open. In the meantime, DD No.22 (Ex.PW7/B) was recorded at 05:55 P.M. where the information was conveyed about the murder of a boy at A-14, Adarsh Gali, Bank Enclave. This DD was also marked to SI Ajay Singh Negi.

3. PW-17 (SI Ajay Singh Negi) found t

















































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