* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10 March 2025 Judgment pronounced on: 27 March 2025 + CRL.A. 277/2020 DILIP TRIPATHI ...Appellant Through: Ms. Anu Narula, Adv.

versus STATE (NCT OF DELHI) …..Respondent Through: Mr. Ritesh Kumar Bahri, APP with Ms. Divya Yadav and Mr. Lalit Luthra, Advs. with SI Pravesh, PS Mundka.

AND + CRL.A. 484/2020 & CRL.M.A. 26309/2024 RAJU TIWARI ...Appellant Through: Mr. S.S. Ahluwalia and Ms.

Saniya Zehra, Advs. (M:

9650160444)

versus STATE (GNCT OF DELHI) .....Respondent Through: Mr. Ritesh Kumar Bahri, APP with Ms. Divya Yadav and Mr. Lalit Luthra, Advs. with SI Pravesh, PS Mundka.

CORAM:

MS. JUSTICE PRATHIBA M. SINGH MR. JUSTICE DHARMESH SHARMA

J U D G E M E N T

CRL.A. 277/2020 AND CRL.A. 484/2020 Page 1 of 32 Signature Not Verified Digitally Signed By:PRAMOD DHARMESH SHARMA, J.

1. This judgment shall decide upon the aforementioned two appeals filed under Section 374(2) of the Criminal Procedure Code, 1973 [“Cr.P.C.”], assailing the judgment dated 15.01.2020 passed by the learned Additional Sessions Judge-02 (West), Tis Hazari Court [“trial Court”], whereby the appellants/accused, Dilip Tripathi (hereinafter referred to as ‘A-1’) and co-accused/co- appellant Raju Tiwari (hereinafter referred to as ‘A-2’), were convicted under Section 302 read with Section 34 of the Indian Penal Code ,1860 [“IPC”] Consequently, by the order on sentence dated 18.01.2020, both A-1 and A-2 were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- each, with a further stipulation that, in the event of default, they shall undergo an additional three months of rigorous imprisonment. Considering the similarity of the issues involved, both matters are appropriately heard and adjudicated together.

FACTS OF THE CASE:

2. In brief, the prosecution's case is that on 17.03.2014, DD1 No.42A Ex. PW-20/A was recorded regarding a murder near Sombir Property, Village Tikri, Rohtak Road, which information was relayed telephonically to SI, [Sub-Inspector] Kuldeep Singh PW-25, who, accompanied by Constable Sudhir PW-21, proceeded to the scene of the incident at Drall Properties, Main Bahadurgarh Road, Mundka, Delhi, where they were

1 Daily Diary

CRL.A. 277/2020 AND CRL.A. 484/2020 Page 2 of 32

Signature Not Verified Digitally Signed By:PRAMOD

joined by the SHO, [Station House Officer] of PS, [Police Station] Mundka, along with Inspector Sanwar Mal PW-26, IO, [Investigating Officer]. They discovered a deceased male lying on a heap of building material (bajri), who was identified as Bharat (hereinafter referred as the ‘deceased’) son of PW-1 Sat Narain Choudhary. Bloodstains were observed on the deceased’s clothing, and injury marks were visible on his head. Further inspection of the premises revealed bloodstains on the floor inside Drall Property Shop, with traces indicating that the deceased had been dragged from inside the shop to the exterior. A bailcha and a kassi (fawda) bearing bloodstains were also discovered within the premises. Consequently, a crime team was summoned, which proceeded to document the scene through photographs Ex. PW-13/ B-1 to B-14 and prepared a report accordingly Ex.PW-14/A.

3. The IO/ PW-26 recorded the statement Ex.PW-4/A of Satbir Singh PW-4, the proprietor of Drall Property at P.No. 547, Main Rohtak Road, where the incident had occurred. He stated that his property shop also dealt in building materials at the rear side of the shop. According to PW-4, on 17.03.2014, at approximately 6:30 PM, his servant, PW- 17 Ram Brij Paswan @ Ranbir, informed him telephonically about a violent altercation between the deceased and two individuals, namely Dilip Tripathi (A-1) and Raju Tiwari (A-2), resulting in grievous injuries to the deceased. PW-4 further stated that all four individuals CRL.A. 277/2020 AND CRL.A. 484/2020 Page 3 of 32

Signature Not Verified Digitally Signed By:PRAMOD

were neighbours residing within the property shop. Upon arriving at the scene, PW-17 was exami