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2023 Supreme(Del) 5247

MUKTA GUPTA, POONAM A. BAMBA
Sarthak Kapoor – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Baldev Raj, Advocate, for the Appellant.
Mr.Prithu Garg, APP, for State (through VC) with Inspector Anil Sharma, SHO, Paschim Vihar West and Inspector Basant Kumar, PS K.N. Katju Marg.
Mr.Neeraj Bhardwaj, Mr.G.M.Aziz and Ms.Neha Garg, Advocates, for the complainant with complainant in person.

JUDGMENT

Mukta Gupta, J.

1. In this appeal, the appellant challenges the judgment of the learned Trial Court dated 18th August, 2018 whereby the appellant was held guilty for murder of one `S' (deceased). The appellant also challenges the order on sentence dated 23rd August, 2018 whereby he was directed to undergo rigorous imprisonment for life for the remainder of the life along with fine of Rs.2 lakhs in default whereof simple imprisonment for one year for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").

2. Brief facts of the prosecution case are that both the appellant and deceased were students of a public school at Rohini from where the appellant completed class 12th in April, 2017 and the deceased was one year junior to the appellant and was 17 years in age. Both the appellant and victim appear to be romantically involved with each other. The appellant had been harassing the deceased in the past and incidents were brought to the notice of the parents of the deceased and the appellant as also the school authorities. On 16th August, 2017, at about 5.00 PM the deceased left her house for going to her tuition at A Block, Sector-17, Rohini. As per the

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