SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(Del) 2411

IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, P.S.TEJI, JJ.
PANKAJ SHARMA – Appellant
Versus
STATE NCT OF DELHI – Respondent
CRL.A. 255, 270, 302, 312, 319, 418 of 2015
Decided on : 30-07-2018

Advocate Appeared:
For the Appellant :Mr.Vikram Singh Panwar, Mr.Mirza Hasan Beg and Mr.Vikas Walia, Advocates.
For the Respondent:Mr.Rajat Katyal and Ms.Aasha Tiwari, SI Manish Tyagi, Mr.S.S. Gandhi, Mr.Gagan Minocha and Mr.Bhavook Chauhan, Advocates

JUDGMENT :

P.S.TEJI, J.

1. Since all these appeals have been preferred against a common judgment of conviction dated 24.12.2014 and common order on sentence dated 07.01.2015, therefore, all these appeals are disposed of by this common judgment.

2. The present appeals have been filed by the above named appellants, namely, Pankaj Sharma (Crl.A. 255/2015), Manoj Kumar & Rohit Kumar (Crl.A. 270/2015), Ashok Kumar Sharma, Deepak Sharma & Raj Kumar Nai (Crl.A. 302/2015), Sunil Kumar and Anil Kumar (Crl.A. 312/2015), Raj Kumar @ Raja (Crl.A. 329/2015) and Kamal Raj Sharma (Crl.A. 418/2015) under Section 374(2) Cr.P.C. against the judgment dated 24.12.2014 vide which they have been convicted for the offences punishable under Section 148/452/324/302 read with Section 149 IPC. Appellants Raj Kumar @ Raja and Pankaj have also been convicted for the offence punishable under Section 27 of the Arms Act. Vide order on sentence dated 07.01.2015, all the appellants have been sentenced to undergo life imprisonment and fine of Rs.1 lakh each and in default of fine, the same has been ordered to be recovered under Section 421 Cr.P.C. for the offence under Section 302 IPC; to undergo rigorous imprisonment for three years and fine of Rs.5,000/-each, in default of payment of fine to further undergo simple imprisonment for six months for the offence punishable under Section 148 IPC; to undergo rigorous imprisonment for three years and fine of Rs.10,000/-each, in default of payment of fine to further undergo simple imprisonment for eight months for the offence punishable under Section 324 IPC; to undergo rigorous imprisonment for four years and fine of Rs.10,000/-each, in default of payment of fine to further undergo simple imprisonment for eight months for the offence punishable under Section 452 IPC; appellants Raj Kumar @ Raja and Pankaj Sharma have been sentenced to undergo rigorous imprisonment for five years and fine of Rs.10,000/-each, in default of payment of fine to further undergo simple imprisonment for eight months for the offence punishable under Section 27 of the Arms Act.

3. The factual matrix emerging from the record is that on 19.12.1997 at about 8.25 p.m., an information was received in the police station Gandhi Nagar vide DD No.26A regarding stabbing of a person at Mandir Wali Gali, Gandhi Nagar. On receipt of such information, SI Amrit Raj along with Ct. Mange Ram reached the spot i.e. House No.1357, Mandir Wali Gali, Gandhi Nagar, Delhi but no eye witness of the incident was found. It was revealed that the injured namely Keshav Sharma and Dharmendra had been removed to the hospital. At about 8.45 p.m., an information was received from the GTB hospital (DD No.27A) that injured Keshav Ram was declared brought dead while injured Dharmendra was under treatment. The case FIR was registered under Section 302 IPC. SI Amrit Raj left for the hospital leaving Ct.Mange Ram at the spot. In GTB Hospital, SI Sanjay Sinha handed over MLCs of Keshav Ram, Dharmendra and Raj Kumar to SI Amrit Raj. Injured Dharmendra handed over his blood stained clothes to the police. A pullanda containing clothes of the deceased was seized.

4. SI Amrit Raj recorded statement of injured Dharmendra under Section 161 Cr.P.C. in which he stated that on 19.12.1997 at about 7.30 p.m. he was present at his home. He and his father were watching TV after having dinner. There was a knock on the door, but no one was found when his father went to see. Again, there was a knock on the door upon which his father went to the roof and saw that accused Raja was running away after hitting the door with his leg. When there was another knock on the door for the third time, Dharmender went to the roof and found five boys namely Pankaj, Rohit, Manoj, Amit and Anil. In the meanwhile, accused Raja inflicted injury on his left buttock with a knife. When Dharmender raised an alarm, he was pounced by the accused persons and was given injuries on his nose and left shoulder. He tried to free himself


















































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

gpt-4

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top