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Sanjay vs State on 23 July, 2015

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1. The appellant stood trial in the sessions court at New Delhi on the charge that on 18.10.2006 at about 9.15 A.M. in flat No.463, Krishi Kunj, Inderpuri, Delhi, he had committed the murder of his mother Smt. Surjania Devi, aged about 54 years, by hitting her with a silbatta (a club-shaped tool made of stone or mortar used for pounding or grinding substances - hereinafter referred to as "the pestle") and patri (wooden plank) on her head and thereby committed the offence punishable under Section 302 of the Indian Penal Code (IPC). By judgment dated 9.2.2010 of Additional Sessions Judge, he was held guilty and convicted, as charged, primarily on the basis of evidence of Shivnath @ Shankar (PW-1), younger brother of the appellant, who was living at the relevant point of time under the same roof with the family. The learned trial judge, by her order dated 16.2.2010, awarded imprisonment for life with fine of `10,000/- as punishment, also directing that in the case of default in payment of fine the convict is to further undergo simple imprisonment for six months.


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