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HIGH COURT OF DELHI
PANKAJ @ ISHU – Appellant
Versus
STATE – Respondent
CRL.A.-1076/2019
Neutral Citation No.2022/DHC/005807
CRL.A. Nos.1076/2019, 1243/2019 & 1259/2019
Page 1 of 34
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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Reserved on: 21st September, 2022
Decided on: 23rd December, 2022
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CRL.A. 1076/2019
PANKAJ @ ISHU
.... Appellant
Represented by:
Mr. Kanhaiya Singhal, Advocate with
Ms. Priyal Garg, Mr. Chetan
Bhardwaj, Mr. Udit Bakshi, Mr.
Prasanna, Ms. Saumya Sharma and
Mr. Priyankar Raj Kaushik,
Advocates.
versus
STATE
.... Respondent
Represented by:
Mr. Mukesh Kumar, APP for State
with Inspector Prabhu Dayal &
Inspector Nisha Devi, PS Janak Puri.
+
CRL.A. 1243/2019
ANKIT AGGARWAL
.... Appellant
Represented by:
Mr. Pradeep Gupta, Mr. Parinav
Gupta, Ms. Mansi Gupta, Mr. Rahul
Kumar Choudhary and Ms. Mamta
Sharma, Advocates.
versus
STATE
.... Respondent
Represented by:
Mr. Mukesh Kumar, APP for State
with Inspector Prabhu Dayal and
Inspector Nisha Devi, PS Janak Puri.
Digitally Signed By:ANIL
KUMAR BHATT
Signing Date:23.12.2022
18:36:10
Signature Not Verified
Neutral Citation No.2022/DHC/005807
CRL.A. Nos.1076/2019, 1243/2019 & 1259/2019
Page 2 of 34
+
CRL.A. 1259/2019
AMAN SHARMA
..... Appellant
Represented by:
Dr. N. Pradeep Sharma and Mr.
Susheel Mahajan, Advocates.
versus
STATE OF GNCT OF DELHI
.... Respondent
Represented by:
Mr. Mukesh Kumar, APP for State
with Inspector Prabhu Dayal and
Inspector Nisha Devi, PS Janak Puri.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE ANISH DAYAL
MUKTA GUPTA, J.
1.
By these three appeals, the appellants challenge the common
impugned judgment dated 23rd August, 2019, convicting all the three
appellants for causing hurt to Ajay Kumar and committing the murder of one
Bharat (“deceased”) by stabbing him. All the three appellants also challenge
the impugned order on sentence dated 28th August, 2019 directing them to
undergo imprisonment for life alongwith a fine of ₹5,000/- each and in
default rigorous imprisonment for 3 months for offence punishable under
Section 302 of the Indian Penal Code, 1860 (“IPC”); and to undergo simple
imprisonment for 1 month for offence punishable under section 341 IPC; as
also simple imprisonment for 1 year for offence punishable under section
323 IPC.
2.
Brief facts of the case are that on 2nd September, 2011 at about 12:30
pm, the complainant/eye witness Ajay Kumar (PW-1) along with his friend
Digitally Signed By:ANIL
KUMAR BHATT
Signing Date:23.12.2022
18:36:10
Signature Not Verified
Neutral Citation No.2022/DHC/005807
CRL.A. Nos.1076/2019, 1243/2019 & 1259/2019
Page 3 of 34
Bharat (deceased) went to Sarvodaya School, A-2 Block, Janakpuri, as he
had to take an amount of ₹500/- from one Deepak. On Deepak’s refusal to
give the money back, Ajay snatched Deepak’s mobile phone of make Sony
Ericson and gave the same to his friend, Mohd. Mohsin (PW-14) who was
studying in class 11th of the said school, and thereafter, Ajay and Bharat
returned to their colony. At around 1.30-2 pm on the same day, Ajay and
Bharat again went to the school and Ajay called Mohsin from the mobile
phone of Bharat, wherein Mohsin informed that Deepak along with his
mother and 2-3 boys came to his class and asked for the mobile and he
handed over the same to Deepak. Mohsin also informed Ajay that those boys
were in search of him and Bharat. Thereafter, while both Ajay and Bharat
were returning back to their colony, the three appellants who were on a red
Pulsar stopped them in front of Shanti Home Guest house, A-1 Block,
Janakpuri. As per Ajay Kumar, appellant Ankit caught Ajay and appellant
Aman caught Bharat and started beating them. During quarrel, both Ajay and
Bharat tried to escape but were caught by them again. Thereafter, appellant
Aman took out a knife from his pant and hit Bharat thrice on his chest, then
on
