RAKESH vs THE STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27th November, 2025 Date of Decision: 05th December, 2025 + CRL.A. 428/2004 RAKESH .....Appellant Through: Mr. R. K. Singh, Advocate along with Appellant in person. versus THE STATE .....Respondent Through: Mr. Mukesh Kumar, APP with Mr. Naveen, Mr. Siddhanth Goyal and Mr. Arsalan Naik, Advocates for State. CORAM: HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT % 1. By way of the present appeal, the appellant seeks to assail the judgment dated 29th April, 2004 and the order on sentence dated 15th May, 2004 passed by the trial Court arising out of the FIR bearing No. 153/02 registered at Police Station - Haus Khazi. 2. Vide the impugned judgment, the appellant was held guilty for committing the offence punishable under Section 323 r/w Section 34 of the Indian Penal Code (hereinafter “IPC”) and vide the impugned order on sentence, the appellant was sentenced to undergo Rigorous Imprisonment for a period of three months along with a fine of Rs. 3000/- and in default Signature Not Verified CRL.A. 428/2004 Page 1 of 5 Signed By:VAISHALI CHAUHAN Signing Date:05.12.2025 16:34:28 of payment of fine to further undergo Simple Imprisonment for a period of one month. 3. The appellant was charged under Section 308/34 IPC on the allegations that on 10th July, 2002 at about 8:00 AM at House No. 1656, Gali Himmat Garh, Sita Ram Bazar, Hauz Khazi, Delhi, he along with co- accused namely Panna Lal in furtherance of their common intention caused injuries on the person of Sharda with an iron pipe with such intention or knowledge and under such circumstances that if by that act he has caused the death of the injured, he would have been guilty of culpable homicide not amounting to murder. To the said charge, the appellant pleaded no