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2018 Supreme(Del) 3307

VIPIN SANGHI, I.S.MEHTA
CHHOTA SALMAN – Appellant
Versus
RAMAN – Respondent


ADVOCATES APPEARED:
Rebecca M John, Adv., Gaurav, Adv., Kushdeep Gaur, Adv., Kusum Dhalla, Adv.

JUDGMENT

I. S. Mehta, J.

The instant appeal assails the impugned judgment dated 22.01.2018 and order on sentence dated 30.01.2018 passed by learned Additional Sessions Judge, Rohini Courts, New Delhi in Session Case No.149/17, arising out of FIR No.829/16 registered at Police Station Prashant Vihar, Delhi convicting both the Appellants - who were accused Nos.1 and 2 for the offence under Section 302/34 IPC and sentencing the appellants to life imprisonment and a fine of Rs. 5,000/- each. In default of payment of fine, they have been directed to undergo further simple imprisonment for 6 months. They were further sentenced to 7 years Rigorous Imprisonment under Section 307 IPC with fine of Rs. 5,000/- each, in default of payment of fine, to undergo further simple imprisonment for 6 months. There were 3 other accused in the case. Accused Nos. 3 and 4 Sunil Kumar @ Lala and Salman Khan respectively were acquitted. Accused No.5 Kapil was not tried as he was declared as proclaimed offender. A Juvenile in conflict with the law (JCL) Adil was also allegedly involved in the crime.

2. Brief facts stated are that on 21.11.2016 in the night hours at about 11:00-11:15 PM one Lakshit Gaur (PW3) hea

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