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2023 Supreme(Del) 5148

MUKTA GUPTA, POONAM A. BAMBA
Bablu – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr.Kanhaiya Singhal, Advocate with Ms.Prasanna, Mr.Jasmeet Singh, Mr.Udit Bakshi, Mr.Ujwal Ghai and Mr.Ajay Kumar, Advocates, for the Appellant in CRL.A. 861/2018 and CRL.A. 860/2018.
Mr.Laksh Khanna, APP, for the State with Inspector A.Tyagi, P.S.Subzi Mandi Railway Station in CRL.A. 861/2018, CRL.A. 860/2018 and CRL.A. 1115/2018.
Ms.Kavita Jha, Advocate with Mr.Rajeev Jha and Mr.Aditeya Bali, Advocates, for the Petitioner in CRL.A. 1115/2018.

JUDGMENT

Mukta Gupta, J.

1. By way of these appeals, the appellants challenge the common impugned judgment of the learned Trial Court dated 2nd August, 2018 whereby all the three appellants were held guilty for murder of one Girdhari Mandal ("deceased"); and also the order on sentence dated 4th August, 2018 whereby all the three appellants were directed to undergo rigorous imprisonment for life along with fine of Rs.5,000/- each in default whereof simple imprisonment for one year for offence punishable under Sections 302/34 of the Indian Penal Code, 1860 ("IPC"). Appellant Ram Padarth was also held guilty for wrongfully restraining the deceased for which he was directed to undergo simple imprisonment for one month for offence punishable under Sections 341/34 IPC.

2. Brief facts of the prosecution case are that on 13th March, 2017 at about 2:00 PM, Pankaj (PW-1, complainant) was watching the festival of holi being celebrated outside his house at F-226, Shahbad Dairy when he heard some noise and saw his uncle/deceased being manhandled by appellant Ram Padarth and one `S' (a juvenile). When Pankaj reached the spot, appellant Ram Padarth said that deceased would not be allowed to go a

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