SUNIL GAUR, PRATHIBA M.SINGH
VISHAL – Appellant
Versus
STATE – Respondent
Prathiba M. Singh, J.
1. The present Appeal arises from the impugned judgement dated 27th March 2015, passed by the Ld. Additional Sessions Judge, Fast Track Court, North-West District, Rohini Delhi, holding the Appellant guilty of culpable homicide amounting to murder and convicting him under Section 302 of the Indian Penal Code, 1860 (hereinafter 'IPC')
2. The Appellant was tried in FIR No. 128/2013, registered at police station Aman Vihar, Delhi, on the charge of murdering Madan Lal Soni on 26th March, 2013 at about 10:15 p.m. at D-18, Inder Enclave-II, Mubarakpur, Delhi. The Trial Court, convicted the Appellant under Section 302 IPC, with the following observations :-
“12.0 In view of my forgoing discussion, I have no hesitation in holding that prosecution has been able to prove its case beyond shadow of doubt. It stands proved that accused had murdered Madan Lal Soni on 26/03/2013. He gave knife blows on vital parts of his body which is clearly indicative of his intention to eliminate Madan Lal Soni. There is no material suggesting that his act was on the basis of any grave and sudden provocation. His act reflects pre-meditation. He left the house and returned with some
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