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2023 Supreme(Del) 5151

MUKTA GUPTA, POONAM A. BAMBA
Anil Kumar – Appellant
Versus
State – Respondent


Advocates appeared:
Ms. Adit Subramaniam Pujari, Advocate (DHCLSC) with Ms. Aditi Tiwari and Mr. Maitreya Subramaniam, Advocates, for the Appellant.
Ms.Shubhi Gupta, APP for State.

JUDGMENT

Poonam A. Bamba, J.

1.0 Vide this appeal, the appellant challenges the judgment dated 15.01.2019 passed by Ld. Addl. Sessions Judge, Special Judge (NDPS), Dwarka Courts, Delhi, ("impugned judgment" in short) whereby the appellant was convicted for the offence u/Ss 302/307/436 The Indian Penal Code, 1860 ("IPC" in short) in FIR no. 121/2015, Police Station Palam Village; and order on sentence dated 28.01.2019, whereby the appellant was sentenced to undergo rigorous imprisonment for life u/S. 302 IPC along with fine of Rs.1,00,000/-, in default of payment of fine, to undergo rigorous imprisonment for 03 months; the amount if deposited shall go to the family of deceased in equal proportion, the appellant was further sentenced to undergo rigorous imprisonment for 12 years u/S. 307 IPC along with fine of Rs.50,000/-, in default of payment of fine, to undergo rigorous imprisonment for 02 months; and the appellant was further sentenced to undergo rigorous imprisonment for 04 years u/S. 436 IPC along with fine of Rs.25,000/-, in default of payment of fine, to undergo rigorous imprisonment for 01 months.

2.0 Briefly stating, the prosecution case is that on 28.02.2015 at about 03:20

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