State v. Narender & Ors.
Case brief
What is this about?
The High Court of Delhi dismissed the State's leave petition challenging the acquittal of four accused persons accused of murder. The court held that evidence did not establish a common intention to kill and that the acquittal was not erroneous.
What did the court decide?
Leave petition dismissed; acquittal of accused Nos. 3 to 6 of murder stands upheld.
What the court decided
$~7.
- IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 498/2018 STATE ..... Petitioner Through: Ms. Kusum Dhalla, APP for State with Ms. Priti, Advocate. SI H. Gangte, PS-V.Vihar. versus NARENDER & ORS. ..... Respondents Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I.S.MEHTA O R D E R % 02.08.2018
CRL.M.A. 29134/2018
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
CRL.L.P. 498/2018
The State has preferred the present petition to seek leave to appeal against the judgment dated 09.04.2018 passed by learned District and Sessions Judge, South District, Saket, New Delhi in CIS-SC-7072-2016 arising out of the FIR No.125/10 under Section 302/34 IPC registered at Police Station, Vasant Vihar. There were six accused in the case. The Sessions Court has convicted accused Nos. 1 and 2 under Section 302 IPC read with Section 34 IPC. The accused No.4 Narender Kumar has been acquitted altogether. The three remaining accused i.e. Charan Singhaccused No.3, Raju Kumar-accused No.5 and Himanshu Rathi-accused No.6 have been convicted under Section 323 IPC read with Section 34 IPC and they have been sentenced accordingly. The present leave petition is directed
against the acquittal of accused nos. 3 to 6 of the charge under Section 302 read with Section 34 IPC.
Issues for consideration
2 issues framed by the court
Whether the State's leave petition against the acquittal of accused Nos. 3 to 6 of murder under Section 302 IPC should be allowed.
Whether the evidence establishes a common intention among all accused to commit murder under Section 302 read with Section 34 IPC.
Parties & counsel
- petitioner
STATE
- respondent
NARENDER & ORS.
Coram
VIPIN SANGHI
Case details
As recorded by the court registry
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