* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12.02.2026 Pronounced on: 18.03.2026 + CRL.A. 567/2002 ABRAR ETC. .....Appellants Through: Mr.Mohd. Shamikh and Mr.Vaseem Mian, Advs.

versus N.C.T. OF DELHI .....Respondent Through: Mr.Aman Usman, APP with Mr.Manvendra Yadav, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

J U D G M E N T

NAVIN CHAWLA, J.

1. This appeal has been filed, challenging the judgment dated 29.05.2002 passed by the learned Additional Sessions Judge, Shahadara District, Karkardooma Court, Delhi in SC No.16/2001, titled State v. Abrar & Anr., convicting the appellants of the offences under Sections 365/34, 302/34, 201/34 and Section 404 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

2. The appellants further challenge the order dated 29.06.2002 passed by the learned Trial Court, imposing the following punishment on them:

3. It is the case of the prosecution that on 24.08.2000, a missing person report was lodged at Police Station (PS) Gokul Puri by Mr. Wahid Khan, PW-1, brother of the missing person-Mr. Sitabi, informing that he alongwith his family and younger brother-Mr. Sitabi were living at Moonga Nagar. The appellants, namely, Mr. Abrar and Ms. Shanno, also started residing in the neighbourhood and with the passage of time, an illicit relationship developed between the appellant no.2- Ms. Shanno and the deceased. Due to this reason, Mr. Wahid Khan (PW-1) shifted to Nehru Vihar, however, the deceased started living at Moonga Nagar with his other brother, namely, Mr. Ashraf, and continued visiting terms with the appellant no.2. Due to the same, PW-1 got the deceased married to his sister-in-law, namely, Ms. Shabana, on 14.07.2000. On 20.07.2000, the deceased came to Delhi from the village and stayed with PW-1 at night and, in the morning, he went to his own room at Moonga Nagar, but thereafter did not come back. PW-1 then contacted the landlady of the house, PW-4- Ms. Saraswati, and she told him that in the evening of 25.07.2000, the deceased had gone with the appellant no.2 and had not come back. On the same day, the brother-in-law of PW-1 and the deceased, Mr. Jakir (PW-2), informed PW-1 that on 25.07.2000 at about 10.00 p.m., he had seen the deceased in the company of the appellants near Brijpuri Pulia and on his enquiry, the appellant no.2 informed that all three of them were going to attend a marriage at Rampur. PW-1 stated in his complaint that despite the best efforts, neither the appellants nor the deceased could be traced out. On coming to know that the appellants were in the area of Khajoori Pushta, PW-1 went there and enquired about the deceased but did not receive any satisfactory reply. Therefore, he made a complaint to the police, on the basis of which, FIR No.344/2000 was registered under Sections 365/34 of the IPC on

24.08.2000.

4. It is further the case of the prosecution that on receipt of secret information and on the pointing of complainant-PW-1, on 26.08.2000, the appellants were arrested from Khajoori Pushta, where they made disclosure statements to the effect that the deceased- Mr. Sitabi was having illicit relations with the appellant no.2- Ms. Shanno, and after his marriage to the sister-in-law of PW-1, namely, Ms. Shabana, both the appellants planned to get rid of him and accordingly, on 25.07.2000, they took him to Vamanpuri, District Rampur. They stated that the deceased was made to drink excessively and then taken to the bridge over river Ram Ganga, where they strangulated him with the help of a cloth tape (katran). They stated that they also removed two gold rings, wrist watch, and Rs. 4,000/- from the body of the deceased, where-after they threw his dead body in the river Ram Ganga. They stated that one gold ring was sold to a goldsmith- Mr. Sanjeev (PW-21), while the wrist watch and the other ring were kept at the house of the sister of the appellant no.2, Ms. Rehana (PW-6).

5. It is the case of the prosecution that the a