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2023 Supreme(SC) 978

HRISHIKESH ROY, MANOJ MISRA
Sunil – Appellant
Versus
State of NCT of Delhi – Respondent


JUDGMENT :

Manoj Misra, J.

1. These three appeals are against the judgment and order of the High Court of Delhi (in short “the High Court”) dated 28.07.2009 passed in Criminal Appeal Nos. 962 of 2004; 977 of 2004; 981 of 2004; 14 of 2005; and 61 of 2005, by which Criminal Appeal Nos. 962 of 2004; 977 of 2004; 981 of 2004; and 61 of 2005, preferred by Sunil (appellant in Criminal Appeal No.688 of 2011), Shri Krishna (appellant in Criminal Appeal No.785 of 2011), Ravinder (appellant in Criminal Appeal No.689 of 2011) and Babu Ram @ Fauji (co-accused), respectively, were dismissed whereas Criminal Appeal No.14 of 2005 of co-accused Vijay was allowed. The net result of the impugned judgment and order is that the order of the trial court (i.e., Court of Additional Sessions Judge, Delhi), dated 08.11.2004, in Sessions Trial No.42 of 1999, arising out of FIR No.561 of 1998, P.S. Jahangir Puri, convicting and sentencing Babu Ram @ Fauji, Sunil, Shri Krishan and Ravinder under Sections 302/307/34 of the Indian Penal Code (in short, “the I.P.C.”) has been affirmed whereas conviction of co-accused Vijay has been set aside. It be noted that Babu Ram @ Fauji was also sentenced under Section 27 of


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