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2017 Supreme(Del) 768

G.S.SISTANI, VINOD GOEL
TULSI RAM – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. O.P.Saxena, Advocate.
For the Respondent: Mr.Varun Goswami, Insp. Kuldeep Singh and SI Sushil Malik, P.S. Moti Nagar.

G.S.SISTANI, J.

1. The appellant has filed the present appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment dated 12.05.2016 by which the appellant has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as IPC). By virtue of the order on sentence dated 16.05.2016, the appellant was sentenced to rigorous imprisonment for life and a fine of Rs.10,000/-, in default of payment of fine, to undergo simple imprisonment for one year for the offence punishable under Section 302 IPC.

2. The case of the prosecution as set out by the trial Court in the impugned judgment is as under:

“1. On receipt of DD no. 57A dt. 13.08.2013, SI Ram Raj alongwith Ct. Ishwar No. 611/W went to Bikshu Govt. hospital, Moti Nagar and collected the MLC no. 2174 of Smt.Shabana @ Sheela W/o Tulsi Ram R/o WZ-46C, Basai Dara Pur, New Delhi aged about 25 years, on which doctor has declared her “brought dead”. In the hospital, statement of mother of the deceased namely Naseema Khatoon was recorded to the effect that she is residing at WZ-46C, Basai Dara Pur, New Delhi in room no. 54 alongwith her daughters Shabana Khatoon and Nazrana Khatoon on rent. She used to

































































































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