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2023 Supreme(Del) 154

MUKTA GUPTA, POONAM A. BAMBA
Kuldeep Singh – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Sairica Raju, amicus curiae with Ms. Ankeeta Appanna, Advocate.
For the Respondent: Mr. Prithu Garg, APP

JUDGMENT :

MUKTA GUPTA, J.

1. By this appeal, the appellant challenges the judgment of learned Trial Court dated 17th August, 2018 whereby the appellant was convicted for murder of his brother Rajender Singh (“deceased”) by stabbing him with a knife; and the order on sentence dated 28th August, 2018, whereby the appellant was directed to undergo imprisonment for life along with fine of Rs.10,000/- in default whereof, simple imprisonment for six months for offence punishable under Section 302 of Indian Penal Code, 1860 (“IPC”).

2. In nutshell, brief facts of the case are that on 28th August, 2013, Sanjay Kumar (PW-15) made a PCR call at number 100 and informed that the tenant of a room at the house No. F-178, Laxmi Park, Nihal Vihar had went away after locking the room and that blood was coming out from the said room. The said information was recorded vide DD No.27A which was marked to SI Sugriv (PW-23). SI Sugriv alongwith Ct. Jai Kishore reached the spot and found foul smell emanating from the room as also blood coming out from underneath the door of the said room. Thereafter, the lock of the door was broken with a brick. Inside the room, one bed was found lying and clothes were fou

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