RAVI KANT SHARMA Vs. STATE

JUDGEMENT

(1.) These six appeals arise out of the common judgment dated 18.03.2008 delivered by the Additional Sessions Judge, Karkardooma Courts, Delhi whereby the appellants Ravi Kant Sharma, Shri Bhagwan, Satya Prakash and Pradeep Sharma were convicted for the offence punishable under Section 120-B read with Section 302 IPC for hatching a criminal conspiracy to kill Shivani Bhatnagar (deceased), who was actually killed by Pradeep Sharma in execution of the said conspiracy. The other accused were Ved Prakash Sharma and Ved Prakash @ Kalu, who were acquitted of all charges. The State has preferred two appeals (Crl. A. 751/2009 & Crl. A. 752/2009) in respect of Ved Prakash Sharma and Ved Prakash @ Kalu against the said acquittals. The impugned judgment dated 18.03.2008 was delivered in Sessions Case No. 14/2006 and arose out of the FIR No. 21/1999 under Sections 302/201/403/404/411/ 419/392/397/120-B/34 IPC registered at Police Station Mandawali on 23.01.1999.

(2.) All the convicted persons were, by an order dated 24.03.2008 passed by the said Additional Sessions Judge, Karkardooma Courts, Delhi, sentenced to imprisonment for life. Convict R. K. Sharma was also directed to pay a fine of Rs. 20,000/- while the other three convicts, namely, Shri Bhagwan, Satya Prakash and Pradeep Sharma were directed to pay a fine of Rs. 10,000/- each. In default of the payment of the said fines, the convicts were directed to undergo an additional period of six months' simple imprisonment.

(3.) The main charge framed against all the six accused on 03.03.2003 was that all of them, during December, 1998 to January, 1999 at Delhi and other places, had agreed to commit the murder of Shivani Bhatnagar as she had threatened R. K. Sharma to spoil his life and career, after developing physical intimacy with him. As per the charge, it had also been agreed to dishonestly misappropriate a camera from her house as also a gold chain by having it removed from her dead body and also to destroy evidence regarding the commission of murder. The charge goes on to state that in pursuance of the said criminal conspiracy, all the six accused aided and abetted the commission of the murder of Shivani Bhatnagar and that Satya Prakash and Pradeep Sharma went to Navkunj Aparments, Patparganj, Delhi on 23.01.1999 where the accused Pradeep Sharma falsely personated himself as Rajiv Bhatnagar and entered into B-42, Navkunj Apartments, the residence of Shivani Bhatnagar on the pretext of extending an invitation of marriage and thereafter, murdered her by strangulating her with a piece of electric wire and by stabbing knives on her neck at about 3/3:30 pm. It is further alleged in the charge that the accused Pradeep Sharma, thereafter, in pursuance of the said criminal conspiracy, removed a Kodak camera and certain documents from the said flat and a gold chain from the body of the deceased Shivani Bhatnagar. It is further alleged that the sim card corresponding to the mobile phone number 9811008825 was destroyed by the accused Satya Prakash. It was, therefore, alleged that in this manner all the six accused had committed an offence under Section 120-B read with Sections 302/201/403/404 IPC within the cognizance of the said Court. All the accused pleaded not guilty to the said charge as also to the other ancillary charges framed separately and claimed trial.