2006 (6) TMI 516

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....orrectness of the judgment rendered by a learned Single Judge of the Delhi High Court who dismissed the appeal filed by the appellants simply observing that the Criminal Revision Petition No.117 of 2001 filed by the informant has been dismissed and the said revision and appeal related to the same judgment. It is to be noted that the appellants as accused nos. 2 and 3 faced trial for alleged commis....

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....ing the conviction of the appellants under Section 304 Part I IPC. According to him they should have been convicted under Section 302 IPC and the other accused persons should not have been acquitted. Appellants filed an appeal questioning their conviction and sentence imposed. Learned Single Judge took up the criminal revision first and held the same to be without merit. But without considering th....

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....he contentions of the learned counsel for the appellant to be correct. The case of the appellants was not independently examined. Merely because the Revision Petition filed by the informant was dismissed that could not have been a ground for not discussing the merits of the appeal filed by the appellants. A Criminal Revision Petition may have been without merit; but that did not make the appeal fi....