LAWS(DLH)-2022-5-37

MANTOO SHARMA Vs. STATE

Decided On May 24, 2022
Mantoo Sharma Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By way of the present judgment, we propose to dispose of a batch of five criminal appeals, whereby the five appellants impugn judgment of conviction dtd. 26/8/2019 and sentencing order dtd. 29/8/2019, by which the learned Additional Sessions Judge-05 (West), Tis Hazari Courts, Delhi has convicted all five appellants for offences under Sec. 302/354 read with sec. 34 of the Indian Penal Code, 1860 ('IPC'); and has sentenced them for the offence under sec. 302 IPC to rigorous imprisonment for life and to fine of Rs.10,000.00 each, with a default sentence of rigorous imprisonment for 06 months; and for the offence under sec. 354 IPC, they have been sentenced to rigorous imprisonment for 05 years with fine of Rs.5,000.00 each, with a default sentence of rigorous imprisonment of 02 months. The benefit of sec. 428 of the Code of Criminal Procedure 1973 ('Cr.P.C.') has been given to all appellants. For clarity the particulars of the criminal appeals are as under :

(2.) The case of the prosecution is that on the intervening night of 28/29/3/2014 the appellants molested and murdered one Sukhmati wife of Jogeshwar (deceased/victim). The allegation is that some of the appellants made the deceased consume liquor; and subsequently molested her and then hit her on the head with a beer bottle and with pieces of brick and stone, which led to her death.

(3.) On a call being received on 29/3/2014 at 07:10 A.M. at P.S.: Uttam Nagar, West Delhi regarding a 'male' dead body having been found at Safeda Park within its jurisdiction, a First Information Report bearing FIR No. 315/2014 dtd. 29/3/2014 came to be registered under sec. 302 IPC at P.S.: Uttam Nagar, West Delhi, which further led to the arrest of Mantoo Sharma (A1), Beerpal (A2), Mohd. Naseem alias Samim (A3) and Jaipal (A5) on 4/4/2014 and subsequently, to the arrest of Naresh alias Anna (A4) on 6/5/2014.