IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Sangita Dhingra Sehgal, JJ.
Runeet Gulathi — Appellant
Versus
State (Govt. of NCT of Delhi) — Respondent
Criminal Appeal No. 1175 of 2018, 1268 of 2018, 27 of 2019, 60 of 2019; Criminal Miscellaneous (Bail) No. 1815 of 2018, 1997 of 2018, 536 of 2019, 107 of 2019
Decided On : 20-09-2019
JUDGMENT :
Sangita Dhingra Sehgal, J.
Present appeals arise out of a common judgment dated 15.09.2018 and order on sentence dated 19.09.2018 passed by the learned Additional Sessions Judge, North West, Rohini Courts, Delhi in Sessions case No. 52223/2016, in FIR No. 180/2012, registered under Sections 302/201/364/120B of the Indian Penal Code (hereinafter referred to as 'IPC') read with Sections 25/27 of the Arms Act at Police Station Maurya Enclave, whereby the Learned Sessions Judge found the Appellants guilty and sentenced them as follows:
| DD NO. 8A DATED 18.07.12 P.S. SUBZI MANDI, DISTT. |
| NORTH DELHI |
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| Sanjeev Kapoor S/o Shadi Lal Kapoor R/o 14, Gandhi Square, Malka Ganj Delhi-110007 |
| Information regarding |
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| Missing and handing over |
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| Time: 2.45 AM: At this time, it is entered that the person mentioned in Column No.2 came present at the Police Station and got recorded to the following effect: My son namely Shivam aged 20 years had left for an excursion at 9.30 PM in a usual manner by a Scooter No. DL 1SS 2887 and had not returned till 12 O Clock in the night. We, therefore, contacted him on his mobile no. 8586807081 but the same was switched off. We made a search of him and found parked his scooter near Malka Ganj Gurudwara. I could t know anything about my son. We kept on making a search of him in our own way till now. My report may be lodged and the whereabouts of my son may be ascertained. The description of my son is as follows : height 5' 7", complexion fair, stout body. He is wearing T-shirt and 'Pajama' and slippers of NIKE in his feet. My son is mentally fit. There is a cut mark on the right side of the forehead of my son. Some people have told me that my son was seen in the company of Runeet who resides in our neighborhood at about 11.00 PM. I suspect him. The information regarding missing was entered in the 'Rojnamacha' and a call was made at No. 100 which was attended on Channel No. 116 by Constable Ankur Tomar, No. 1914/ PCR. After lodging a report regarding missing, a copy of the same after having been separated is being handed over to SI Sombir as per the directions of the SHO who will initiate proper action in the said regard. |
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| Scribed by: HC/DO |
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| Note: It is a true copy. |
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| Sd/-Illegible HC Bheem Singh No. 394-N/(-sic-) DO, P.S. Subzi Mandi |
2. Cause title of the CRL.A. 1175/2018 shows 'Runeet Gulathi vs State', whereas in the impugned judgment, the name of appellant has been referred as 'Runeet Gulati'. For the purpose of disposal of the present appeal, we will refer the appellant as 'Runeet Gulati'. The brief facts necessary for disposal of the present appeals are that in the intervening night of 17.07.2012 and 18.07.2012 at about 10:30 p.m., Shivam (since deceased) and PW-19/Vishal Verma met Appellant/Abhay Dewan and Appellant/Runeet Gulati, who were in white colour Swift Car bearing registration No. DL-2CAN-3335, at Malka Ganj Chowk, Delhi. Appellant/Runeet Gulati insisted that Shivam should meet him alone. Shivam dropped PW-19/Vishal Verma at his residence and returned after telling him that he was going to meet Appellant/Runeet Gulati. Shivam did not return home till 11:00 p.m. His brother Deepak called him on his mobile No. 8586807081 and Shivam told him that he would return within 15 minutes. Since, Shivam did not come back and his phone was switched off, Deepak Kapoor along with his father and cousin started contacting the friends of Shivam. At about 11:30 p.m., Deepak Kapoor called PW-19/Vishal Verma and inquired about the whereabouts of Shivam. At about 11:40 pm, Deepak Kapoor along with his father and cousin visited the house of PW-19/Vishal Verma, who disclosed about their meeting with Appellant/Run
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