Anil Kumar vs State Of Nct Of Delhi - 2022 Supreme(Del) 515

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 515

MUKTA GUPTA, ANISH DAYAL
Anil Kumar – Appellant
Versus
State Of Nct Of Delhi – Respondent

Advocate Appeared:
For the Appellant :Ms. Anjana Prakash, Sr. Advocate with Anwesh Madhukar, Ms. Prachi Nirwan, Mr. Pranjal Shekhar & Mr. Yaseen Siddiqui, Advocates
For the Respondent: Mr. Tarang Srivastav, APP for the State with Insp. Pawan Kumar & SI Sachin, PS Ali Pur.

JUDGMENT :

1. The above captioned appeals impugn the judgment dated 26th December, 2016 whereby the appellants have been convicted for offence punishable under section 302/34 IPC and have been awarded life imprisonment vide order on sentence dated 11th January, 2017 with a fine of Rs.50,000/- and in default, to further undergo simple imprisonment for one year. The fine so realised was directed to be given to the wife and children of the deceased.

The Incident:

2. The facts in brief, as culled out from the documents and Trial Court's Record are as under:

(i) As per the prosecution, 'SM', the wife of the deceased lodged a missing complaint at PS Narela on 14th October, 2013 at 4:30 P.M. that her husband had left home on 12th October, 2013 at about 11:45 AM for his official duty at Patel Nagar but did not return thereafter. On that basis, General Diary Entry No.67B was recorded. On the other hand, on 12th October, 2013, DD No.20A was recorded at PS Alipur that a dead body of an unknown (unidentified) male was lying in the field near Batra Farmhouse with wounds on the neck. Police arrived at the spot and during investigation the dead body was identified as that of the deceased.

(ii) Stateme