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2023 Supreme(Del) 5274

MUKTA GUPTA, POONAM A. BAMBA
Sandeep @ Sandy – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Mr. Mohit Mathur, Senior Advocate with Mr.M.L. Yadav, Mr. Sudershan Joon, Mr.Mayank Sharma, Mr. R.S. Kundu and Mr. Harsh Gautam, Advocates, for the Appellant in CRL.A. 399/2018.
Mr. B.S. Joon, Spl. PP with Ms.Aakirti Mishra, Advocate, for the Respondent in CRL.A. 399/2018, CRL.A. 391/2018, CRL.A. 393/2018, CRL.A. 444/2018, CRL.A. 523/2018 and CRL.A. 608/2018.
Mr.Sudhir Nandrajog, Senior Advocate with Mr.Sonat Tokas, Advocate, for Complainant in CRL.A. 399/2018, CRL.A. 391/2018, CRL.A. 393/2018, CRL.A. 444/2018, CRL.A. 523/2018 in CRL.A. 608/2018.
Ms. Neha Kapoor and Mr.Kaushal, Advocates, for the Petitioner in CRL.A. 391/2018.
Ms.Neha Kapoor and Mr.Kaushal, Advocates, for the Petitioner in CRL.A. 393/2018.
Mr.Rajeev Mohan, Mr.Swapnil Krishna, Mr.Nishant Madan, Mr.Rehan Khan and Ms. Nitika Pancholi, Advocates, for the Petitioner in CRL.A. 444/2018.
Mr.Kanhaiya Singhal, Ms.Jasmeet Singh, Mr.Udit Bakshi and Mr.Prasanna, Advocates, for the Petitioner in CRL.A. 523/2018.

Table of Content
1. summary of charges against appellants (Para 1 , 2 , 4)
2. arguments challenging prosecution evidence (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. court analysis on evidence and witness credibility (Para 26 , 29 , 30 , 36 , 39 , 40)
4. modification of sentence for life imprisonment (Para 44 , 46)
5. final order on appeals (Para 47)

JUDGMENT

Mukta Gupta, J.

1. By way of these appeals, the appellant challenges the common judgment dated 3rd February, 2018 of the learned Trial Court whereby all the six appellants were held guilty for murder of ASI Jogender and Munesh punishable under Sections 302 read with 120B of the Indian Penal Code, 1860 ("IPC") and were sentenced to imprisonment for life (remainder of life) along with fine of Rs.50,000/- each, in default whereof simple imprisonment for two years. All the six appellants were also held guilty for offence punishable under Section 120B IPC and were sentenced to imprisonment for imprisonment for life along with fine of Rs.50,000/- each in default whereof simple imprisonment for two years. Appellants Sandeep @ Jai and Jeet Dahiya were also held guilty for offence punishable under Section 25 Arms Act, 1959, and were sentenced to ri

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