PITAMBAR BISHWA KARMA vs THE STATE (GOVT OF NCT) DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on: 28th November, 2024 Pronounced on: 10th January, 2025 + CRL.A. 639/2023 PITAMBAR BISHWA KARMA .....Appellant Through: Mr. Anwesh Madhukar (DHCLSC), Mr. Ishat Singh and Ms. Prachi Nirwan, Advocates. versus THE STATE (GOVT OF NCT) DELHI .....Respondent Through: Mr. Aman Usman, APP for the State. Insp. Rishi Sharma, PS Safdarjung Enclave. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present appeal has been filed under Section 374(2) read with Section 383 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) assailing the judgement dated 19th November, 2022 and order on sentence dated 1st March, 2023 passed by Ms. Manisha Khurana Kakkar, Ld. ASJ-01 (FTC)-01 South District, Saket Courts, Delhi whereby the Appellant has been convicted in Sessions Case No. 172/2015 arising out of FIR No. 131/2012 registered at Police Station, Safdarjung Enclave under Section 302 of the Indian Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.A. 639/2023 Page 1 of 27 Signing Date:10.01.2025 18:23:02 Penal Code (hereinafter referred to as ‘IPC’). 2. Vide the aforesaid impugned judgement of conviction and order on sentence, the Appellant had been convicted for the offence punishable under Section 302 of the IPC. The Appellant has been sentenced to undergo imprisonment for life and a fine of Rs.5,000/- and in default of payment of fine, to further undergo a rigorous imprisonment for a period of six months. BRIEF BACKGROUND 3. Prosecution’s case before the learned Trial Court is as follows: i) On 24th April, 2012 at about 6:20 a.m., the body of the deceased was found at the Naala behind Green Fields School, A-1 Block, Safdarjung Enclave, New Delhi. It is stated that