Murder case acquittal by Sanjay Dubey Adv in Delhi High court
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT: INDIAN PENAL CODE
CRIMINAL APPEAL No. 1062/2011
Reserved on: 30th January, 2013
Date of Decision: 11th February, 2013
GAGAN ….Appellant
Through Mr. Sanjay Dubey, Advocate.
Versus
THE STATE …Respondent
Through Ms. Richa Kapoor, APP for the State.
CORAM:
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE SIDDHARTH MRIDUL
SANJIV KHANNA, J.:
1. The appellant Gagan by the impugned judgment dated 29th March, 2011 stands convicted under Sections 302 and 411 of the Indian Penal Code, 1860 (IPC, for short). By the order of sentence dated 31st March, 2011, he has been sentenced to undergo life imprisonment and fine of Rs.3,000/- for the offence punishable under Section 302 IPC and, in default of payment of fine, to undergo Rigorous Imprisonment of six months. The appellant has been sentenced to undergo Rigorous Imprisonment of six months for the offence under Section 411 IPC.
2. To put it succinctly, the prosecution case is that the appellant-Gagan along with two or three other boys in the night of 22nd December, 2008, at about 12.15 A.M., tried to loot belongings of Chutkou @ Nanku and, in the process, wielded stab injuries resulting in his death. At this stage, we record that the co-accused Vinod Kumar has been acquitted, by the same impugned judgment. This relevant aspect has been considered and examined later on.
OR