CRL.A. 328/2017 & CRL.A. 329/2017

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 7^th July, 2022

Pronounced on: 21^st July, 2022

CRL.A. 328/2017

ANIL KUMAR

..... Appellant

Represented by:

Ms. Anjana

Prakash, Sr. Advocate with Anwesh

Madhukar, Ms. Prachi Nirwan, Mr.

Pranjal Shekhar & Mr. Yaseen

Siddiqui, Advocates

Versus

STATE OF NCT OF DELHI

..... Respondent

Represented by:

Mr. Tarang

Srivastav, APP for the State with Insp.

Pawan Kumar & SI Sachin, PS Ali

Pur.

CRL.A. 329/2017

AJEET

..... Appellant

Represented by:

Ms. Anjana

Prakash, Sr. Advocate with Anwesh

Madhukar, Ms. Prachi Nirwan, Mr.

Pranjal Shekhar & Mr. Yaseen

Siddiqui, Advocates

Versus

STATE OF NCT OF DELHI

..... Respondent

Represented by:

Mr. Tarang

Srivastav, APP for the State with Insp.

Pawan Kumar & SI Sachin, PS Ali

Pur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE ANISH DAYAL

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002714

CRL.A. 328/2017 & CRL.A. 329/2017

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J U D G M E N T

1. The above captioned appeals impugn the judgment dated 26^th

December, 2016 whereby the appellants have been convicted for

offence punishable under section 302/34 IPC and have been awarded

life imprisonment vide order on sentence dated 11^th January, 2017

with a fine of Rs.50,000/- and in default, to further undergo simple

imprisonment for one year. The fine so realised was directed to be

given to the wife and children of the deceased.

The Incident:

2. The facts in brief, as culled out from the documents and Trial

Court‟s Record are as under:

(i)

As per the prosecution, „SM‟, the wife of the deceased lodged a

missing complaint at PS Narela on 14^th October, 2013 at 4:30 P.M.

that her husband had left home on 12^th October, 2013 at about 11:45

AM for his official duty at Patel Nagar but did not return thereafter.

On that basis, General Diary Entry No.67B was recorded. On the other

hand, on 12^th October, 2013, DD No.20A was recorded at PS Alipur

that a dead body of an unknown (unidentified) male was lying in the

field near Batra Farmhouse with wounds on the neck. Police arrived at

the spot and during investigation the dead body was identified as that

of the deceased.

(ii)

Statement of „SM‟, wife of the deceased was recorded who

informed the police that her husband was working in a private

company at Patel Nagar and appellant No.1 was his friend who was

residing in Narela. She further stated that he used to visit their house

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002714

CRL.A. 328/2017 & CRL.A. 329/2017

Page 3 of 15

and also had some money transactions amongst themselves. A few

days back her husband (deceased) had told her that a signed cheque

was missing which he later came to know that by way of the said

cheque, appellant No.1 had withdrawn a sum of Rs.47,000/- from Axis

Bank, Kundli Branch. As per her further statement, the deceased

talked to appellant No.1 many times on mobile but the latter was not

returning money and they had heated arguments.

(iii)

„SM‟ further stated that on 12^th October, 2013 at about 11:00

AM, deceased along with her went to a temple at Sector A-10. Both

the appellants,(whom she identified before the Learned Trial Court)

met them while on a red colour Pulsar motorcycle near the petrol

pump and spoke to the deceased, and purportedly promised to return

money to him. The deceased asked both the appellants to wait there

and went back home along with his wife. Thereafter the deceased left

home along with a black bag but never returned thereafter. On the

same day at about 10:00 PM, the deceased sent an SMS to „SM‟

informing her that he was going to Ambala along with his boss.

(iv)

Subsequently, both the appellants were arrested and recoveries

were made of blood-stained clothes, the red motor cycle and also the

weapon of offence i.e., a blood stained „daa