2023:DHC:4291-DB

CRL.A. 865/2018

Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 15^th May, 2023

Decided on: 26^th June, 2023

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CRL.A. 865/2018

SMT. RAJESH & ANR.

..... Appellant

Represented by:

Mr.J.K.Sharma, Advocate with

Mr.Siddharth Pandit, Ms.Chhaya

Arya & Mr.V.Prakash, Advocates.

versus

STATE

..... Respondent

Represented by:

Mr.Laksh Khanna, APP for the State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE POONAM A. BAMBA

MUKTA GUPTA, J.

1.

By this common appeal, the appellants Smt. Rajesh and Kanwar

Singh had challenged the judgment of learned Trial Court dated 06^th July,

2018 whereby the appellants were held guilty for murder of one Amit

(“deceased”) and as also the order on sentence dated 13^th July, 2018,

whereby the both the appellants were directed to undergo imprisonment of

life alongwith fine of ₹50,000/- each, in default whereof, simple

imprisonment for six months for offence punishable under Section 302/34

of the Indian Penal Code, 1860 (“IPC”).

2.

During the pendency of this appeal, appellant No.2 Kanwar Singh

passed away on 15^th June 2020 while he was lodged in Mandoli Jail. As per

the status report received in the Court, the factum of death was verified and

it was stated that in the inquest proceedings, the death was found to be

Digitally Signed

By:POONAM BAMBA

Signature Not Verified

Digitally Signed

By:JUSTICE MUKTA

GUPTA

Signature Not Verified

2023:DHC:4291-DB

CRL.A. 865/2018

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natural. Thus, vide order dated 9^th May 2023, this Court held that the appeal

qua the appellant No. 2 namely Kanwar Singh has abated and thus, the

appeal was required to be heard only qua appellant No. 1. Appellant No. 1

Rajesh had undergone custody period of 3 years 9 months and 10 days as on

15^th June 2020 when she was released on interim suspension of sentence.

However, as she had not surrendered after the expiry of the interim

suspension of sentence, she was thereafter arrested and sent to judicial

custody. She is presently in judicial custody and has undergone till date

nearly 4 years of imprisonment including remissions.

3.

Brief facts of the case are that on 11^th March, 2011, at about 8 PM,

the deceased returned back home and parked his car, and the appellants

were standing outside their house and on seeing the deceased, the appellant

Kanwar Singh started abusing the deceased. The deceased asked appellant

Kanwar Singh as to why was he abusing, on which Kanwar Singh started

abusing more loudly and furiously and came out with a knife. Rajbala (PW-

1), Babita (PW-9) and Sushila (PW-24) took the deceased inside the house

to save him. Thereafter, both the appellants along with one more person

reached the roof of their own house and Rajesh told Kanwar Singh to finish

the deceased and solve all their daily quarrels. Thereafter, Rajesh gave

Kanwar one wooden phatta and Kanwar threw the said phatta on the

deceased because of which, the deceased sustained head injury, fell on the

ground and became unconscious. Babita also sustained injuries due to the

throwing of the phatta. Arun (PW-13) and Ravi (PW-14) took the deceased

to the hospital. Information was given to the police, which was recorded

vide DD No.33A which was marked to SI Sri Bhagwan (PW-22) who

Digitally Signed

By:POONAM BAMBA

Signature Not Verified

Digitally Signed

By:JUSTICE MUKTA

GUPTA

Signature Not Verified

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CRL.A. 865/2018

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reached the spot i.e. house of Bhim Singh where he got to know that the

injured was taken to Brahm Shakti Hospital and on reaching the said

hospital, he got to know that the deceased was shifted to SGM Hospital.

While on his way to the SGM Hospital, he received information vide DD

No.49B (Ex.PW-22/A) regarding death of the deceased. The dead body was

sent to the mortuary and thereafter, SI Sri Bhagwan returned back to the

spot where he met the complainant Rajbala (PW-