Crl.L.P. 69/2020 Page 1 of 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.L.P. 69/2020 & CRL.M.A. 1211/2020

STATE

..... Petitioner

Represented by:

Ms.Shubhi Gupta, APP for the

State with SI Daleep,

P.S.Adarsh Nagar.

Versus

YOGESH SHARMA & ANR.

..... Respondent

Represented by: Ms.Manika Tripathy, Advocate

(DHCLSC) with Mr.Roshan

Kumar, Mr.Manish Vashisht &

Mr.Shubham Hasija, Advocates

for the respondent No.1.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE ANISH DAYAL

MUKTA GUPTA, J. (ORAL)

CRL.M.A. 1211/2020 (for condonation of delay)

1. For the reasons stated in the application, delay of 20 days in filing the

leave to appeal petition is condoned.

2. Application is disposed of.

CRL.L.P. 69/2020

1. The present leave to appeal had been filed by the State against the

judgment dated 28^th August 2019 whereby the two respondents Yogesh

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003696

Crl.L.P. 69/2020 Page 2 of 7

Sharma and Sonu were acquitted for offences punishable under Sections

302/392/394/397/34 IPC. Besides the two respondents, as per the

prosecution case, two more persons were involved, one being a juvenile

whose enquiry was conducted before the learned Juvenile Justice Board and

the other alleged accused Pawan could not be arrested.

2. During the pendency of the present leave to appeal petition,

respondent No. 2 Sonu passed away and thus, vide order dated 12^th August

2021, this court noted that the petition qua respondent No. 2 stands abated.

Thus, the leave to appeal is now sought only qua respondent No. 1 Yogesh

Sharma.

3. Case of the prosecution is that the respondent No.1 was seen running

along with the main accused Sonu who was having a knife in his hand

coming from the side of the railway track besides the two other boys, who

entered into the street of Chhapra Barber and ran towards Azad Pur village.

Out of four boys, one was having a knife and said boy was Sonu. Behind

these boys, one man aged 35-40 years was following, catching hold of his

stomach with his hand and raising the alarm “pakdo, mujhe chaku maar diya

4. The FIR in question was registered not on the statement of PW-2 but

of Inspector Brij Pal Singh who appeared as PW-23 who noted on the Tehrir

that at the spot no eye witness was found and the injured died without

making any statement. Thereafter, statement of PW2 was recorded who in

his deposition before the Court stated as under:-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003696

Crl.L.P. 69/2020 Page 3 of 7

Xxxxx by counsel Sh.R.S. Deshwal for accused Yogesh.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003696

Crl.L.P. 69/2020 Page 4 of 7

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003696

Crl.L.P. 69/2020 Page 5 of 7

Xxxxx by counsel Sh.Aseem Bhardwaj for accused Vikas @

Bihari.

Xxxxx by counsel Sh.Krishan Parashar for accused Sonu.

Xxxxx by counsel Sh. R.S. Deshwal for accused Yogesh.

father’s name and address of Sant Lal.

Xxxxx by counsel Sh.Aseem Bhardwaj for accused Vikas and

Counsel Sh.Krishan Parashar for accused Sonu.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003696

Crl.L.P. 69/2020