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2023 Supreme(Del) 5218

MUKTA GUPTA, POONAM A. BAMBA
Sunil Alias Sonu – Appellant
Versus
State of Delhi – Respondent


Advocates appeared:
Mr.Anwesh Madhukar, Advocate (DHCLSC) with Mr.Yaseen Siddiqui, Ms.PrachiNirwan and Mr.Pranjal Shekhar, Advocates, for the Appellant in CRL.A. 408/2018 and CRL.A. 137/2018.
Ms.Shubhi Gupta, APP, for the State with Inspector Dharmender Kumar, P.S.Jahangir Puri in CRL.A. 408/2018 and CRL.A. 137/2018.

JUDGMENT

Mukta Gupta, J.

1. By way of these appeals, the appellants challenge the common judgment of learned Trial Court dated 25th October, 2017 whereby the appellants were held guilty for the murder of one Sachin ("deceased"). The appellants also challenge the order on sentence dated 6th November, 2017 whereby the appellants were directed to undergo rigorous imprisonment for life along with fine of Rs.10,000/- each, in default whereof simple imprisonment for 1 year for offence punishable under Section 302/34 of the Indian Penal Code, 1860 ("IPC").

2. Vide the aforesaid impugned judgment and order on sentence, two other accused persons namely, Satish and Gaurav were also held guilty for offence punishable under Section 323/34 IPC for causing simple injury on Rahul and were directed to undergo simple imprisonment of 4 months along with fine of Rs.1000/- each in default whereof simple imprisonment for 1 month. These two accused persons had already undergone their period of sentence.

3. Brief facts of the prosecution case are that on 28th November, 2016, Rahul (PW-1) along with his friend/deceased was going to the house of his mausi Shivani (PW-2) who was residing in a street No.70

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