The Delhi High Court has set aside the conviction of one of the accused Mahima Dewan under Section 302 (Murder) of the IPC in the high profile Shivam Kapoor murder case.
The bench comprising Justices Sangita Dhingra Sehgal and Manhohan set aside the trial court order which had convicted Dewan of murder along with other accused Abhay Dewan, Runeet Gulati and Jatin.
The bench observed: “From the perusal of the amended charge under Section 302 IPC we find that substantive charge under Section 302 of the IPC has not been framed against the Mahima Dewan. In this background, punishment for the offence punishable under Section 302 IPC against the Dewan without a substantive charge is unwarranted.
“Accordingly, the order on sentence in relation to Appellant/Mahima Dewan is modified to the extent that the Appellant/Mahima Dewan is sentenced to undergo all the CRL.A. 1175/2018 & other connected matters Page 159 of 159 sentences except for the offence punishable under Section 302 of the IPC as directed vide order on sentence dated 19.09.2018 by the trial court.”
The bench directed Mahima Dewan to surrender within 4 weeks before the trial court.
The case pertains to a murder of a 20-year-old boy Shivam Kapoor who was lured into a car by the accused. The accused murdered Kapoor as he started screaming suspecting foul play.
The accused in order to stop Kapoor first shot in the stomach and then injected him with a heavy dose of sedatives. After which, the accused had cut Kapoor’s veins in scare ultimately killing him.
Read the full judgment below:
—India Legal Bureau