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2016 Supreme(Del) 728

G.S.SISTANI, SANGITA DHINGRA SEHGAL
RAKESH KUMAR @ DALU – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Mr. S. K. Sethi and Ms. Dolly Sharma, Adv.
Ms. Aashaa Tiwari, APP for the State with Inspector Pramod Kumar, Police Station – Shahdara.

JUDGMENT :

SANGITA DHINGRA SEHGAL, J.

1. Present appeals arise out of a common judgment dated 23.05.2015 and order of sentence dated 29.05.2015 passed by learned Additional Sessions Judge, Delhi in Sessions Case No. 62/14 whereby the appellant had been sentenced to undergo imprisonment for life and a fine of Rs. 25,000/- for the offence under Section 302 of the Indian Penal Code and in default of payment of fine, the amount shall be recovered as per Section 421 of the Code of Criminal Procedure. The appeals have been heard and are disposed of by a common judgment.

2. Brief facts of the case, as noted by the Learned Trial Court are:

“1. Deceased Sonu and Rakesh were good friends, who were residing in the same locality. Rakesh was working as driver and he along with his family, was residing in the house of Ms. Nandi Devi as her tenant. Ms. Samta was the daughter of landlady of Rakesh. Deceased Sonu was having close relationship with wife of accused Rakesh, which was not liked by accused Rakesh. On 08.03.2009 accused Rakesh took Sonu along with him during night, out of a pre-plan to eliminate him. They had taken drinks along with accused Ravi. Rakesh had taken a Toyota Qualis vehicle f










































































































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