HANS KUMAR vs THE STATE (GOVT. OF NCT OF DEL

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16th JULY, 2025 IN THE MATTER OF: + CRL.A. 171/2002 HANS KUMAR .....Appellant Through: Ms. Suruchi Suri, Adv. versus THE STATE (GOVT. OF NCT OF DEL .....Respondent Through: Mr. Laksh Khanna, APP for the State + CRL.A. 243/2002 RAJPAL .....Appellant Through: versus STATE N.C.T. OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP for the State CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT SUBRAMONIUM PRASAD, J. 1. The instant appeals have been preferred by the Appellants herein challenging the impugned judgment and order dated 25.01.2002 passed by the Additional District and Sessions Court, Tis Hazari, New Delhi (hereinafter referred to as “Trial Court”), convicting the Appellants for the offences under Section 302/34 of the IPC in SC No. 93/2000 arising out of FIR No. 723/95 registered at Police Station Janak Puri, Delhi. Vide order of Signature Not Verified Digitally Signed CRL.A. 171/2002 & Anr. Page 1 of 16 By:SHAZAAD ZAKIR Signing Date:17.07.2025 20:07:28 sentence dated 01.02.2002, which is also under challenge in the present case, the Trial Court sentenced the Appellants herein to rigorous life imprisonment and a fine of Rs. 5,000/- and in case of default in payment of the fine, each of the convict to undergo further rigorous imprisonment of 1 year. 2. Shorn of unnecessary details, the facts leading to the filing of the instant appeal are as follows – a. It is stated that one Shakuntala (PW-5) was married to one Brahm Dutt, who was serving in UP Police and was posted in Pillibhit, UP in the year 1988. However, due to unknown reasons, Shakuntala’s husband disappeared for 8 years, for which she received a compensation of Rs. 50,000/- from the Govern