Crl.A. Nos.585/2019 & 923/2019 Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 25^th May, 2022

Pronounced on: 2^nd September, 2022

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CRL.A. 585/2019

KARIM @ JALELA

.... Appellant

Represented by:

Ms. Kavita Jha, Mr. Aditeya

Bali, Advs. DHCLSC.

versus

STATE

....Respondent

Represented by:

Mr. Tarang Srivastava, APP for

State with Insp. Vikas Pannu,

PS Hazrat Nizamuddin.

+

CRL.A. 923/2019

SARTAJ@ALLAHARAKHA

....Appellant

Represented by:

Mr.

Ajay

Verma,

Adv.

DHCLSC.

Versus

STATE

....Respondent

Represented by:

Mr. Tarang Srivastava, APP for

State with Insp. Vikas Pannu,

PS Hazrat Nizamuddin.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

MINI PUSHKARNA, J.

1. By these appeals, the appellants challenge the common

judgment of conviction dated 29.01.2019 and order on sentence dated

01.02.2019 in Sessions Case No. 1661/2016 in FIR No. 157/2013

under Section 302/34 IPC, PS- Hazrat Nizamuddin, Delhi, whereby

the appellants were convicted for having committed offence

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003399

Crl.A. Nos.585/2019 & 923/2019 Page 2 of 19

punishable under Section 302/34 IPC, and sentenced to undergo

imprisonment for life and to pay a fine of Rs.10,000/- each; in default

of payment of fine to undergo simple imprisonment for 6 months. The

appellants were given benefit under Section 428 Cr.P.C.

2. Prosecution version in the present case flowing from the charge

sheet is that an information regarding stabbing of a person in

graveyard, Lala Lajpat Rai Marg, was received at police station Hazrat

Nizamuddin on 28.05.2013. Insp. Binay Singh (PW21) along with

constable reached there at around 4 P.M. and found that one boy aged

about 24-25 years was lying unconscious in pool of blood inside the

Kabristan. The injured was taken to AIIMS Trauma Centre. PW21

made inquiries at the spot and it was revealed that the name of the

injured was Raja, thereafter PW21 reached the AIIMS Trauma Centre

where the injured was declared brought dead by the doctor. PW21

came back at the spot of the incident and recorded statement of

witnesses, including statement of PW10 who was playing near the

place of occurrence at the time of incident.

3. From the version given by witnesses, PW21 came to know that

deceased Raja was last seen in the company of the appellants herein.

Thereafter, search of suspects was conducted and on the basis of

secret information, on 04.06.2013 accused Hari Dutt and Karim @

Jalela were apprehended from under Defence Colony flyover. Both

accused Hari Dutt and Karim @ Jalela disclosed that their two other

associates namely X (Juvenile in conflict with law) and Sartaj @

AllahaRakha were also with them at the time of incident. Raja was

beaten by them on the issue of dividing of share of booty obtained by

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003399

Crl.A. Nos.585/2019 & 923/2019 Page 3 of 19

them after the snatching incident that took place in the area of P.S.

Lodhi Colony. Accused Karim @ Jalela took police party to MCD

toilet near Sun Light Colony towards Sarai Kale Khan and from the

garbage lying near railway track, got recovered one blood stained t-

shirt which he disclosed to have worn at the time of incident. The said

t-shirt was seized vide Seizure Memo Ex. PW7/L.

4. Thereafter, accused Karim @ Jalela and Hari Dutt took police

party to one Dinesh Paswan to whom one mobile phone was sold by

accused Sartaj @ Allaharakha, which contained his voice recording.

Dinesh Paswan was interrogated who produced one mobile phone of

Karbonn make which he stated to have purchased from accused Sartaj

@ Allaharakha. The mobile phone was seized and checked and it was

found to cont