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2020 Supreme(Del) 1333

VIBHU BAKHRU
Umesh – Appellant
Versus
State – Respondent


Advocates Appeared:
Sharad Malhotra, Advocate, Shashank Vachher, Advocate, Meenakshi Chauhan, Advocate

JUDGMENT

Vibhu Bakhru, J. - The appellants have filed the present appeal, inter alia, impugning a judgment dated 08.05.2017 (hereafter ''the impugned judgement'') passed by the learned ASJ, FTC, Shahdara, Karkardooma Courts, whereby the appellants were convicted for the offences punishable under Sections 304/34 of the Indian Penal Code, 1860 (IPC). By an order on sentence dated 27.05.2017, which is also impugned herein, the appellants were sentenced to undergo seven years of rigorous imprisonment along with a fine of Rs. 10,000/- each and in default of payment of fine, to undergo six months of simple imprisonment.

2. The appellants were found guilty of beating a boy named Deepak (hereafter also referred to as ''the deceased'') and fatally injuring him. The appellants contend that the impugned judgment is liable to be set aside as the testimony of the key witness (PW1) is not consistent with statement of the wife of the deceased. It is pointed out that PW-1 had testified that he had seen the deceased at about 03:00-03:30 am but the wife of the deceased (in her statement given to the police) had stated that he had left the house at 04:00 am. It is further contended that there is no ev

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