2023:DHC:2260-DB

CRL.A. Nos. 318, 212, 214, 372 of 2022 Page 1 of 28

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 18^th November, 2022

Decided on: 28^th March, 2023

+

CRL.A. 318/2022

SUNDAY CHINAKA UCHEM

..... Appellant

Represented by:

Mr. Dinesh Malik (DHCLSC),

Mr. Akash Saini & Mr. Puneet

Jain, Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Represented by:

Mr. Mukesh Kumar, APP for

the State.

+

CRL.A. 212/2022

EZIEFULA SAMUEL UCHEMGBU

..... Appellant

Represented by:

Mr. Kanhaiya Singhal, Ms.

Priyal Garg, Mr. Prasanna, Mr.

Chetan Bhardwaj, Mr. Udit

Bakshi & Mr. Ajay Kumar,

Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Represented by:

Mr. Mukesh Kumar, APP for

the State.

+

CRL.A. 214/2022

KEENETH CHIDI ONYEAGHALA

..... Appellant

Represented by:

Mr. Kanhaiya Singhal, Ms.

Priyal Garg, Mr. Prasanna, Mr.

Chetan Bhardwaj, Mr. Udit

Bakshi & Mr. Ajay Kumar,

Advocates.

Digitally Signed

By:MANISH KUMAR

Signing Date:29.03.2023

16:15:23

Signature Not Verified

2023:DHC:2260-DB

CRL.A. Nos. 318, 212, 214, 372 of 2022 Page 2 of 28

versus

STATE NCT OF DELHI

..... Respondent

Represented by:

Mr. Mukesh Kumar, APP for

the State.

+

CRL.A. 372/2022

BAYEM VICTOR

..... Appellant

Represented by:

Mr.

Madhav

Khurana

(DHCLSC) with Mr. Kartikeya

Dang & Mr. Samarth K. Luthra,

Advocates.

versus

STATE OF NCT OF DELHI

..... Respondent

Represented by:

Mr. Mukesh Kumar, APP for

the State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE ANISH DAYAL

ANISH DAYAL, J.

1.

These appeals have been preferred by four appellants viz. Sunday

Chinaka Uchem (hereinafter referred to as “Chinaka”), Eziefula Samuel

Uchemgbu (hereinafter referred to as “Samuel”), Keeneth Chidi Onyeaghala

(hereinafter referred to as “Keeneth”) and Bayem Victor (hereinafter referred

to as “Victor”).

2.

By these appeals, the appellants assail the impugned judgment and

order dated 30^th March, 2022 convicting the appellants for offences

punishable under Sections 302/34 IPC, Section 392/34 IPC and appellants

Victor, Samuel and Emenike Decland Nwaegbe (hereinafter referred to as

Digitally Signed

By:MANISH KUMAR

Signing Date:29.03.2023

16:15:23

Signature Not Verified

2023:DHC:2260-DB

CRL.A. Nos. 318, 212, 214, 372 of 2022 Page 3 of 28

“Emenike”) for offences punishable under Section 14 of the Foreigners Act;

and order on sentence dated 21^st April, 2022 awarding the following

sentences:

i)

The appellants were all sentenced to undergo imprisonment for life

with fine of Rs.10,000/- each and simple imprisonment for a period of 3

months each in default of payment of fine.

ii)

The appellants were sentenced to undergo imprisonment for 3 years

for offences punishable under Section 392/34 IPC and fine of Rs.5000/-

each, simple imprisonment for a period of 1 month in default of payment of

fine;

iii)

The appellant Victor, Samuel and Emenike were sentenced with an

imprisonment of 1 year and fine of Rs.5000/- each, with simple

imprisonment for a period of 1 month in default of payment of fine for

offences punishable under Section 14 of the Foreigners Act.

iv)

All sentences were to run concurrently with each other.

The Incident and the Investigation

3.

As per the case of the prosecution, the appellants along with Emenike,

who are Nigerian nationals, were accused of murdering Gurcharan Singh

Sawhney after committing robbery in his office in pursuance of a conspiracy

between them. The estimated time of robbery and murder was around 12.45

PM on 31^st August, 2011. Information of the incident was received through

PCR calls recorded as DD No. 24A, 25A