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2021 Supreme(Del) 2056

VIPIN SANGHI, RAJNISH BHATNAGAR
Madan Gopal Yadav – Appellant
Versus
State – Respondent


Advocates appeared:
Rakhi Dubey, Advocate, Ashish Dutta, Advocate

Judgement Key Points

The appeal filed by the appellant Madan Gopal Yadav against his conviction under Sections 302 and 324 IPC and the sentences imposed (rigorous imprisonment for life and fine of Rs. 5,000/- under Section 302 IPC, with default simple imprisonment for two months; and rigorous imprisonment for one year and fine of Rs. 1,000/- under Section 324 IPC, with default simple imprisonment for 15 days) is dismissed. (!) [11000708790039] The impugned judgment of conviction dated 28.04.2018 and order on sentence dated 17.05.2018 passed by the Additional Sessions Judge-02, South District, Saket Courts, New Delhi, are upheld. (!) [11000708790039] The court found the appellant guilty of murdering Dinesh by inflicting 12 stab injuries sufficient in the ordinary course of nature to cause death, and of causing knife injuries to injured eyewitness PW-14 Shrawan (Sharwan) when he intervened.[11000708790038][11000708790039] The testimony of PW-14 was held to be unflinching, reliable, wholly trustworthy, and corroborated by medical evidence, with the appellant's presence at the scene undisputed.[11000708790008][11000708790010][11000708790019][11000708790024] The case falls squarely under Section 300 "thirdly" IPC (murder), given the intention to cause bodily injuries sufficient to cause death in the ordinary course of nature, and not under Section 304 IPC.[11000708790025][11000708790037][11000708790038] All pending applications stand disposed of, and trial court records are to be returned with a certified copy of this judgment.[11000708790039]


JUDGMENT

Rajnish Bhatnagar, J. - By this Judgment, we shall dispose of the present appeal which has been filed against the Judgment of conviction dated 28.04.2018 and order on sentence dated 17.05.2018 passed by the Addl. Sessions Judge-02, South District, Saket Courts, New Delhi vide which appellant Madan Gopal Yadav has been convicted U/s 302/324 IPC and sentenced to undergo rigorous imprisonment for life and to pay a sum of Rs. 5,000/- as fine for the offence U/s 302 IPC and in default of payment of fine, simple imprisonment for two months. He has also been sentenced to undergo rigorous imprisonment for 01 year and to pay a fine of Rs. 1000/- U/s 324 IPC and in default of payment of fine, simple imprisonment for 15 days.

2. In brief, the facts of the case are that on receiving DD No.6-B dated 07.06.2012, SI Mukesh Kumar Meena alongwith Ct. Surender reached at the spot i.e. Kothi No. A-1/38, SJ Enclave, where he met Varun Lamba. Varun Lamba stated that his servant Dinesh and one more person are lying outside the servant quarter and their bodies are blood stained and they are unconscious. In the meanwhile, PCR and CAT ambulance also reached there. Dinesh Kumar was found dead and inj

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