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2022 Supreme(Del) 360

MUKTA GUPTA, MINI PUSHKARNA
Mukesh Kumar – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant :Ms. Kavita Jha, Mr. Aditeya Bali, Advocates.
For the Respondent: Mr. Tarang Srivastava, APP for State with Insp. Ashok PS Rohini South.

JUDGMENT :

Mini Pushkarna, J.

1. This appeal arises out of the judgment dated 30.01.2018 and order on sentence dated 06.02.2018 passed by learned ASJ-04 (North West District), Rohini Courts in SC No. 52312/2016, arising out of F.I.R. No. 17/2013 under Section 302 IPC registered at Police Station South Rohini. The appellant has been convicted for offence punishable under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs. 10,000/-. In default of payment of fine, he has been directed to undergo Simple Imprisonment for 3 months. Benefit of Section 428 Cr.P.C. was also extended to the appellant.

2. The prosecution case is that upon call being received by the Police Control Room about quarrel in the house of Krishan Pal near Tula Ram School in which one person had sustained injuries, S.I. Amit from Police Station Mangolpuri reached the spot of incident, i.e., House No. 29/1, Village Mangolpur Kalan, Delhi. On his reaching the spot, it transpired that the injured had been taken to hospital in PCR van and that the said area fell within the jurisdiction of P.S. South Rohini. S.I. Amit therefore informed the said police station about the incident and the m

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