Azad @ Gourav vs State of GNCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 922

SUDHIR KUMAR JAIN
Azad @ Gourav – Appellant
Versus
State of GNCT of Delhi – Respondent

Advocates appeared:
Mr. Vibhor Garg & Mr. Pallav Awasthi, Advocates, for the Appellant in CRL.A. 593/2022 & CRL.M. 1420/2022.
Mr. Hitesh Vali, APP for the State with ASI Mukesh, PS Subzi Mandi in CRL.A. 593/2022 & CRL.M. 1420/2022 & CRL.A. 354/2022 & CRL.M. 924/2022 & CRL.A. 367/2022 & CRL.M. 939/2022.
Mr. Vivek Chaudhary, Mr. Baldrishan Sharma, Mr. Dheeraj Kumar & Mr. Rishav, Advocates, for the Petitioner in CRL.A. 354/2022 & CRL.M. 924/2022.
Mr. Omkar Sharma, Advocate, for the Petitioner in CRL.A. 367/2022 & CRL.M. 939/2022.

JUDGMENT

1. This common judgment shall decide three Criminal Appeals bearing no. 593/2022, 354/2022 and 367/2022 preferred by the appellants Azad @ Gaurav, Jitender @ Jitu and Bharat Kumar Goswami, respectively to impugn the judgment dated 16.03.2022 (hereinafter referred to as "the impugned judgment") passed by the court of Ms. Charu Aggarwal, ASJ Central District, Tis Hazari Court, Delhi (hereinafter referred to as "the convicting court") whereby the appellants along with the accused Kanhaie Jha were convicted for the offence under section 395 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and the appellant Bharat Kumar Goswami was acquitted for offence under section 397 IPC after being given the benefit of doubt; and the order on sentence dated 04.06.2022 passed by the court of Mr. Dheeraj Mor, ASJ Central District, Tis Hazari Court, Delhi (hereinafter referred to as "the sentencing court") whereby the appellants along with convict Kanhaie Jha @ Kishan were sentenced to rigorous imprisonment for five years for the offence punishable under section 395 IPC and were also directed to pay a fine of Rs.25,000/- individually for the offence punishable under Section