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DELHI HIGH COURT
S.P.GARG, C.HARI SHANKAR
Vivekanand Bihari – Appellant
Versus
State – Respondent


JUDGMENT

C. Hari Shankar, J. The appellant Vivekanand Bihari seeks, by means of the present appeal, to challenge the judgment, dated 25th September 2013, and the consequent order, dated 26th September 2013, passed by the learned Additional Sessions Judge, Dwarka (hereinafter referred to as "the learned ASJ"), whereby the appellant has been found guilty of having committed the murder of Prabhash, and of having thrown his dead body in the "ganda nala" (drain), thereby committing offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), and sentenced, accordingly, to suffer rigorous imprisonment for life, for the offence punishable under Section 302, and to rigorous imprisonment for 3 years, along with fine of Rs.3000/-, for the offence punishable under section 201 of the IPC.

2. Case of the prosecution as per the Charge sheet:

The charge-sheet, which was filed, in the present case, on 23rd January, 2012, alleges as under:

    (i) On 21st October 2011, at 6:40 AM, Ct. Mukesh Kumar (PW-1) received a call, stating that a dead body was lying near Indira Park Mother Dairy. The said information was noted down vide DD No 8A, which was se

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