Shailesh Kumar vs State - 2023 Supreme(Del) 181

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 181

MUKTA GUPTA, POONAM A. BAMBA
Shailesh Kumar – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. M.L.Yadav, Adv.
For the Respondent: Mr.Prithu Garg, APP for the State

JUDGMENT :

POONAM A. BAMBA, J.

1. Vide these appeals, the appellants, namely, Shailesh Kumar and Mahesh Kumar, both brothers have challenged the judgment dated 08.06.2017 passed by Ld. Addl. Sessions Judge-03(NE), Karkardooma Courts, Delhi, (“impugned judgment” in short), whereby the appellants were convicted in S.C. No. 44815/2015, in FIR no. 410/2015, PS Khajuri Khas, u/Ss. 302/201/34 IPC ; and order on sentence dated 07.07.2017, whereby both the appellants were sentenced to undergo rigorous imprisonment for life under Section 302 IPC with fine of Rs. 10,000/-, in default to undergo simple imprisonment.

2. Briefly stating, the prosecution case is that on 11.04.2015, a DD No.-29B Ex. PW-9/A was received through PCR by PS New Usmanpur Pur, which was assigned to PW-15 SI Sonal Raj. PW-15 alongwith PW-19 Ct. Patil reached Shamshan Ghat, Wazirabad where dead body of a male was lying for cremation; PCR had already reached there. Purohit PW-12 Pandit Shiv Hari Om Shukla, met there and told that the appellants/accused persons Mahesh and Shailesh, brothers of the deceased accompanied the dead body and disclosed the reason of death as illness. As there was a sign of strangulation on the neck