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IN THE HIGH COURT OF DELHI AT NEW DELHI JIl / (cid:9) Judgment dated lvr 1ebruclr)', 2016 + CRL.A.57/2015 ANKIT GAUR Appellant

1'hrough Mr. Mukesh Kalia, Advocate versus TI IE STATE Respondent Through Ms. Aashaa Tiwari, APP CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI IION'I3LE MS. JUSTICE SANGITA DHINGRA SEIIGAL

40(cid:9)

G.S.SISTAN1, J (ORAL)

For orders, see CrI.A.201/2015.

c.

-(cid:9) G.S.SISTANI, J SANG,1KI)HIN(WA SEHGAL, J FEBRUARY 10, 2016 pst/ssb (cid:9)

SR-14, 15,16 *(cid:9) IN THE HIGH COURT OF DELHI AT NEW DELHI %(cid:9) Judgment dated 1(1" February, 2016 +(cid:9) CRL.A. 201/2015 PRAVEEN KHARI(cid:9) Appellant Through: Mr. Prag Chawla with Ms. Ruchi Kapur, Advocates versus THE STATE(GOVT OF NCT) DELHI(cid:9) .....Respondent Through: Ms. Aashaa Tiwari, APP +(cid:9) CRL.A. 57/2015 ANKIT GAUR(cid:9) ..... Appcllant Through: Mr. Mukesh Kalia, Advocate versus THE STATE(cid:9) ..... Respondent Through: Ms. Aashaa Tiwari, APP +(cid:9) CRL.A. 221/2015 PRINCE MAGGO(cid:9) ..... Appellant Through: Mr. Samrat K. Nigam with Ms. Ankita Mahajan, Mr. Abhimanytu Walia and Ms.

Ayshwarya, Advocates versus STATE(cid:9) .....Respondent Through: Ms. Aashaa Tiwari, APP CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J (ORAL)

1.(cid:9) Present appeals are directed against the judgment dated 20.12.20 14 and order on sentence dated 24.12.2014 passed by the learned Additional

(cid:9)

CRL.A. Nos.201/2015. 57/2015 & 221/2015 Page / af27

Sessions Judge in case FIR No.30/2009 registered at Police Station Roop Nagar, whereby all the three appellants have been convicted to undergo rigorous imprisonment of life for the offence punishable under Section 120-B read with Section 302 IPC. Appellants Ankit Gaur and Praveen Khari have also been sentenced to undergo rigorous imprisonment for the offence punishable under Section 3 02/34 IPC. They were directed to pay fine of Rs,20,000/- each for the offence punishable under Section 120-B read with Section 302/34 IPC and in default of payment of fine to further undergo simple imprisonment for a period of six months.

All the three appeals arise out of a common judgment and have been heard together and are being disposed of by a common judgment.

The case of the prosecution as noticed by the Trial Court is as under: 2 ..... Vide DD no.21-A dated 23.02.2009 at about 18:02 hours the police was infbrmed about stabbing took place in front of gate no.1 House no. / 7UA Malka Ganj Chowk, Delhi. The said in/b rmation was assigned to SI Prabhanshu. SI Prabhanshu a/on gwitli Ct. Prein Chand went to Hindu Rao Hospital as he was in/brmed by the complainant when contact on mobile phone number given in the PCR form. SI Prabhanshu collected the MLC bearing no.1260/06 of Akshay S/o unknown RIO unknown aged 20 years. Doctor declared the injured unfit/br statement. During enquiry, he came to know that two boys had got admitted the injured in the hospital from .Jawahar Nagar Malka Ganj. No eye witness was /bund at the spot. The above said circumstance was endorsed by the JO and got registered a case under Section 307 IPC. Thereafter, the police was informed from the hospital on the same night that injured was expired. Thereafter Section 302 IPC was added. During the course of investigation, the police had collected evidence, recorded the statement of witnesses and arrested the accused persons, namely, Ankit Gaur and Praveen Khari. After completion of the investigation, the police filed charge sheet in the court against the accused Ankit Gaur and Praveen Khari. Thereafter, the supplementai' charge sheet had been filed against the accused Prince Maggo. Accused Karan Maggo was summoned by this court by resorting the power U/S 319 of Cr. P.C. Being juvenile this case was re/erred to Juvenile Justice Board.

CRL.A. Nos.201/2015. 57/2015 & 221/2015 (cid:9) Page 2 af27

3. AfIer being heard vide order dated 18.9.2009, accused persons, name/i', Ankit Gaur, Praveen Khari and Prince Maggo were charged for the of fence