N.C.2023:DHC:1963-DB

CRL.A. 1063/2019

Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 8^th December, 2022

Decided on: 20^th March, 2023

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CRL.A. 1063/2019

CHANDER SHEKHAR JADHAV @ SHEKHAR ..... Appellant

Represented by:

Mr. Harsh Prabhakar (DHCLSC),

Mr.Anirudh Tanwar, Mr. Dhruv

Chaudhry & Mr. Adeeb Ahmad,

Advs.

versus

STATE

..... Respondent

Represented by:

Mr. Laksh Khanna, APP for the State.

Inspector Subhash Kumar, PS

Gazipur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE POONAM A. BAMBA

MUKTA GUPTA, J.

1.

By this appeal, the appellant challenges the impugned judgment of

the Trial Court dated 16^th July, 2019 by which, the appellant Chander

Shekhar was convicted for murder of Harsh Vardhan @ Lala, as also the

order on sentence dated 20^th July, 2019, whereby the appellant was

sentenced to imprisonment of life along with fine of ₹10,000/- and in default

whereof, simple imprisonment for three months for offence punishable

under Section 302 of the Indian Penal Code, 1860 (“IPC”). The two other

accused persons Sushil Sharma @ Bali Pandit and Pankaj @ Rajan were

acquitted by the Trial Court vide judgment dated 16^th July, 2019.

2.

In nutshell, facts of the case are that on 1^st July, 2012 at about 9.00

PM Rajan, Chander Shekhar Jadhav and Bali Pandit came to the house of

the complainant (PW-2) and took the deceased with them on the pretext of

Digitally Signed By:ANIL

KUMAR BHATT

Signing Date:20.03.2023

11:26:52

Signature Not Verified

N.C.2023:DHC:1963-DB

CRL.A. 1063/2019

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having dinner outside. When the deceased did not return back to his house,

the complainant (PW-2) called up the deceased who told her that he was

having food with Bali Pandit, Rajan and Chander Shekhar and when PW-2

again called deceased, his phone was switched off. Thereafter, she sent her

son Mohnish Vardhan @ Manu to look for the deceased and after some time

Manu came back and told her that the deceased was at the house of Chander

Shekhar, Flat No.121B, Pocket D-2, Janta Flats, Kondli Gharoli, Mayur

Vihar, Phase III, Delhi. Thereafter, the complainant slept and on the next

morning, the complainant sent her other son Himanshu @ Tanu to look for

deceased and at about 11.00 AM, Himanshu called the complainant and

informed that Harsh Vardhan was lying dead inside the room of the said flat

of appellant Chander Shekhar upon which, the complainant rushed to the

spot. On 2^nd July, 2012, information was received by police vide DD

No.12A (Ex. PW-18/A) regarding murder of a boy. SI Amarjit Singh (PW-

12) reached the spot and found a dead body lying on a bed in a half naked

condition. On the basis of the statement of the mother of the deceased/

complainant (PW-2), FIR No.236/2012 dated 2^nd July, 2012 under Sections

302/34 IPC at P.S. Ghazipur (Ex. PW-18/C) was registered. The dead body

was sent to LBS Hospital Mortuary and the post-mortem examination was

conducted on 3^rd July, 2012.

3.

Dr. B.N. Acharya (PW-3) at LBS Hospital Mortuary conducted the

post-mortem on the dead body of the deceased and tendered his report (Ex.

PW-3/A) and opined:

“External examination:

Digitally Signed By:ANIL

KUMAR BHATT

Signing Date:20.03.2023

11:26:52

Signature Not Verified

N.C.2023:DHC:1963-DB

CRL.A. 1063/2019

Page 3 of 18

prior to death. It was homicidal death.”

Subsequent opinion was also sought from Dr. B.N. Acharya (PW-3) and

vide Ex. PW-3/B, it was opined that the death in this case was due to

asphyxia as a result of manual throttling and strangulation consequent to

pressure on mouth and neck structure. Further, viscera examination gave

negative test for ethyl and methyl alcohol.

4.

On 4^th July, 2012, upon secret information, the I.O./Insp. Ramdhan

Singh (PW-26) along with his team was directed to the house of the accused

Sushil Sharma @ Bali Pandit and Pankaj @ Rajan, and thereafter, both

Digitally Signed By:ANIL

KUMAR BHATT

Sig