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2023 Supreme(Del) 5143

MUKTA GUPTA, POONAM A. BAMBA
Jitender Alias Vikash Alias Allu – Appellant
Versus
State of Delhi – Respondent


Advocates appeared:
Mr.Vineet Dhanda, Amicus Curiae with Mr.Vinay Yadav and Ms.Gurleen Kaur, Advocates, for the Appellant.
Ms. Shubhi Gupta, APP, for the State, ACP Suresh Kumar with Inspector Satender Pal Singh.

JUDGMENT

Mukta Gupta, J.

1. By this appeal, the appellant challenges the judgment of the learned Trial Court dated 22nd September, 2018 whereby the appellant was held guilty for murder of one Ankit @ Gulu ("deceased"). The appellant also challenges the order on sentence dated 24th September, 2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.10,000/- in default whereof simple imprisonment for 1 year for offence punishable under Section 302/34 of the Indian Penal Code, 1860 ("IPC"). Co-accused Ravi @ Tati was acquitted of the charge.

2. Brief facts of the prosecution case are that information was received from SRHC Hospital by Ct. Parambir (PW-5) that the deceased was admitted in the hospital with the history of gun-shot injury which was recorded vide DD No.2B (Ex.P-9) which was marked to SI Jaibir (PW-22). Accordingly, SI Jaibir along with HC Mehtab reached the hospital where the deceased was found admitted and was fit for statement. SI Jaibir recorded the statement of the deceased (Ex.P-12). As per the deceased, on the intervening night of 4th-5th November, 2017, he was getting ready for a meal with his friends Ranbir @ Lala so

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