DHANANJAY SINGH BHADORIA Vs. STATE

JUDGEMENT

(1.) The Appellant is aggrieved by the judgment dated 08.11.2010 and order on sentence dated 16.11.2010 in Sessions Case No. 135/06/04 FIR No. 349/2003 & Session Case No. 136/06/04 FIR No. 367/2003, which was disposed of by this common judgment whereby the Appellant was held guilty under various provisions of Indian Penal Code (IPC) and sentenced to undergo imprisonment which are extracted from Para 5 of the order on sentence hereunder:

(2.) The case of the prosecution is that deceased Naresh Kumar and PW-2 Shiv Kumar @ Bobby were partners in the perfumes and deodorant supply business in Ghaziabad. They suffered losses in the said business as a result of which Naresh Kumar (deceased) ran into debts. PW-2 and Naresh Kumar hired a premises No. H-128, Shivani Apartment, New Delhi for their residence and rented an office at Madhu Vihar through a broker Sant Ram. Naresh Kumar and Shiv Kumar were residing and carrying on business in Delhi under fake names, i.e. Raj Kumar and Rohit Sharma, respectively. The intention of Shiv Kumar PW-2 and the deceased was involved in vehicle financing and thereafter to disappear with the cash entrusted by the intending car buyers.

(3.) PW-2 and the deceased knew the Appellant Dhananjay Singh and co-accused Shalender Kumar Singh @ Kapil (since deceased). According to the prosecution, the Appellant and Shalender Kumar Singh (co-accused) visited the deceased on a black Pulsar motorcycle, at his office (A-23, Madhu Vihar) on 06.09.1993 at 7:30 P.M. The Appellant and Shalender Kumar Singh had brought some sweets laced with intoxicating substance and offered them to PW-2 and the deceased. The deceased took a piece of sweet but PW-2 refused to do so as he was unwell.