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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 4^th February, 2022

+

CRL.A. 811/2013

DEEPAK @ DEEPU

..... Appellant

Through:

Mr. Siddharth Aggarwal, Senior

Advocate along with Mr. Vikas

Padora, Mr. Vishwajeet Singh, Mr.

Divyank Tyagi, Mr. Dipanshu

Chugh,

Mr.

Tushar

Mawkin,

Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. Ashish Dutta, APP for the

State along with S.I. Ajeet Kumar,

P.S.: Neb Sarai.

+

CRL.A. 1485/2013

RAJESH @ PARVEEN

..... Appellant

Through:

Mr.

G.

Tushar

Rao,

Senior

Advocate along with Mr. B.

Badrinath, Advocate (DHCLSC)

along with Mr. Mayank Sharma,

Ms. Sharavena Raghul & Mr.

Dhruv Bhardwaj, Advocates.

versus

STATE

..... Respondent

Through:

Mr. Ashish Dutta, APP for the

State along with S.I. Ajeet Kumar,

P.S.: Neb Sarai.

+

CRL.A. 1501/2013

DILIP @ KARAN

..... Appellant

Through:

Mr. S.B. Dandapani, Advocate.

2022:DHC:429-DB

versus

STATE

..... Respondent

Through:

Mr. Ashish Dutta, APP for the

State along with S.I. Ajeet Kumar,

P.S.: Neb Sarai.

+

CRL.A. 1570/2013

REENA YADAV

..... Appellant

Through:

Ms. Inderjeet Sidhu, Advocate

(DHCLSC)

along

with

Ms.

Praavita Kashyap, Advocate on

behalf of Ms. Rebecca John,

Senior Advocate.

versus

STATE

..... Respondent

Through:

Mr. Ashish Dutta, APP for the

State along with S.I. Ajeet Kumar,

P.S.: Neb Sarai.

+

CRL.A. 88/2014

STATE

..... Appellant

Through:

Mr. Ashish Dutta, APP for the

State along with S.I. Ajeet Kumar,

P.S.: Neb Sarai.

versus

REENA & ANR.

..... Respondents

Through:

Ms. Inderjeet Sidhu, Advocate

(DHCLSC)

along

with

Ms.

Praavita Kashyap, Advocates for

Ms.

Rebecca

John,

Senior

Advocate for R-1.

Mr. Nikhilesh Kumar, Mr. Priyank

Jain & Mr. Rishab, Advocates for

R-2.

2022:DHC:429-DB

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

J U D G M E N T

ANUP JAIRAM BHAMBHANI J.

Summary of Facts

By way of the present judgment, we propose to deal with a

batch of 05 criminal appeals bearing Crl. A. Nos. 811/2013,

1485/2013, 1501/2013, 1570/2013 and 88/2014, whereby 04

convicted appellants as well as the State have impugned judgment

dated 23.02.2013 and sentencing order dated 27.02.2013, by which

the learned trial court has convicted the 04 appellants for

committing offences under section 302 read with section 120B of

the Indian Penal Code 1860 (‘IPC’) and has sentenced all

appellants to rigorous imprisonment for life alongwith fine of

Rs.20,000/- each, with a default sentence of 01 year. By the same

judgment, the learned trial court has acquitted accused Meena

Gupta of the charge under sections 302 read with 120B IPC and the

charge under section 25 of the Arms Act, 1959 (‘ArmsAct’) as

also acquitted Reena Yadav of the charge under section 25 of the

Arms Act, against which acquittals the State has preferred the fifth

appeal.For sake of completeness, it may be mentioned that one

Krishna, who was also initially suspected to have been involved in

the crime, was neither arrested nor charged in the matter.

2022:DHC:429-DB

2.

The case arises from an incident of 18.09.2009, when Karamvir

Yadav (PW-1) made a PCR call saying that around 08:45 a.m.

while standing outside his house, he looked up and noticedthat his

nephew Parth Sarthi alias Yash (PW-2) was standing in the

balcony with his mouth taped-up and was indicating to PW-1 to

come upstairs; and on going-up to the flat on thesecond floor of

the building, PW-1 found that his brother Dalbir Singh, who used

to live there, was lying in a pool of blood with his hands tied

behind his back and with a wire round his neck. Thereupon, PW-1

says he removed the tape from his nephew’s mouth and untied his

hands; and that his nephew told him that four persons had come

and were demanding some property papers from Dalbir Singh, the

deceased/vic