Karim @ Jalela vs State - 2022 Supreme(Del) 1224

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1224

MUKTA GUPTA, MINI PUSHKARNA
Karim @ Jalela – Appellant
Versus
State – Respondent

Advocates appeared:
Ms. Kavita Jha, Mr. Aditeya Bali, Advs. DHCLSC, for the Appellant; Mr. Tarang Srivastava, APP for State with Insp. Vikas Pannu, PS Hazrat Nizamuddin, for the Respondent; Mr. Ajay Verma, Adv. DHCLSC, for the Appellant in Crl. A. 923/2019; Mr. Tarang Srivastava, APP for State with Insp. Vikas Pannu, PS Hazrat Nizamuddin, for the Respondent in Crl. A. 923/2019

JUDGMENT

Mini Pushkarna, J. - By these appeals, the appellants challenge the common judgment of conviction dated 29.01.2019 and order on sentence dated 01.02.2019 in Sessions Case No. 1661/2016 in FIR No. 157/2013 under Section 302/34 IPC, PS- Hazrat Nizamuddin, Delhi, whereby the appellants were convicted for having committed offence punishable under Section 302/34 IPC, and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- each; in default of payment of fine to undergo simple imprisonment for 6 months. The appellants were given benefit under Section 428 Cr.P.C.

2. Prosecution version in the present case flowing from the charge sheet is that an information regarding stabbing of a person in graveyard, Lala Lajpat Rai Marg, was received at police station Hazrat Nizamuddin on 28.05.2013. Insp. Binay Singh (PW21) along with constable reached there at around 4 P.M. and found that one boy aged about 24-25 years was lying unconscious in pool of blood inside the Kabristan. The injured was taken to AIIMS Trauma Centre. PW21 made inquiries at the spot and it was revealed that the name of the injured was Raja, thereafter PW21 reached the AIIMS Trauma Centre where the i