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2022 Supreme(Del) 524

MS. MUKTA GUPTA, ANISH DAYAL
Rameshwar @ Ranu – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anwesh Madhukar, Advocate (DHCLSC) and Ms. Prachi Nirwan, Advocate
For the Respondent: Mr. Ashish Dutta, APP for the State.

JUDGMENT :

1. By this appeal the appellant assails the order and judgment dated 15th February, 2016 whereby he was convicted for offence punishable under section 302 IPC and has been awarded rigorous imprisonment for life vide order on sentence dated 22nd June, 2016 and to pay a fine of Rs.20,000/- and in default thereof, to further undergo simple imprisonment for six months.

The Incident:

2. As per the prosecution, on the intervening night of 31st May, 2012 and 1st June, 2012 at about 1:30 AM, victim (deceased) was assaulted by the appellant (accused) with an intention to kill and thereby caused his death. This crime was committed in front of Reliance Fresh Metro Food Bazar, 86, Local Shopping Complex, Vivekanand Puri, Sarai Rohilla, Delhi. On 3rd June, 2012, after completion of investigation, the appellant was arrested. Learned Trial Court framed charge under Section 302 IPC to which the appellant pleaded not guilty and claimed trial.

3. Prosecution examined 24 witnesses in support of its case; statement of appellant was recorded under Section 313 Cr.P.C.; no evidence was led in defence by the appellant.

Submissions by the appellants:

4. Learned counsel for the appellant submitted that

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