SUDESH KUMAR vs THE STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15th DECEMBER, 2025 IN THE MATTER OF: + CRL.A. 624/2003 SUDESH KUMAR .....Appellant Through: Mr. Joginder Tuli, Ms Joshini Tuli, Ms. Taniya Qureshi and Mr. Nishant, Advocates versus THE STATE .....Respondent Through: Mr. Aashneet Singh, APP for the State CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT SUBRAMONIUM PRASAD, J. 1. The Appellant has approached this Court challenging the Judgment dated 25.08.2003 and the Order on Sentence dated 26.08.2003 passed by the learned Additional Sessions Judge, Delhi (hereinafter referred to as “learned Trial Court”) in SC No. 05/2000 arising out of FIR No. 45/2000 registered at Police Station Uttam Nagar for offences under Section 302, 201 & 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). 2. Shorn of unnecessary details, the facts leading up to the present Appeal are as follows :- i. On 25.11.1999, one Mrs Beena (hereinafter referred to as “PW- Signature Not Verified 9/Beena”) lodged a report at Police Station Uttam Nagar, stating that Signed By:RAHUL SINGH CRL.A. 624/2003 Page 1 of 38 on 20.11.1999, her husband, namely Shanker Singh, had gone to B- 350, Mohan Garden and did not return home. ii. In the description provided to the police, she stated that her husband had a round face, was slim built and about 5 feet and 4 inches tall. She also stated that her husband was wearing a cream coloured shirt, maroon coloured pants and leather sandals. The report was noted down by the police vide DD No. 9A. iii. On 26.11.1999, the Nangloi police recovered a dead body from Ganda Nala (open sewer), Sainik Enclave. Information to this effect was recorded vide DD No. 12A. The body was sent to Subzi Mandi Mortuary, where t