SANJAY KUMAR vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.12.2025 + CRL.A. 813/2018 SANJAY KUMAR .....Appellant Through: Mr.Shivendra Singh, Ms.Prakriti Rastogi, Ms.Aryama Singh, Advocates with appellant in person versus STATE (NCT OF DELHI) .....Respondent Through: Ms.Shubhi Gupta, APP for State with SI Pankaj CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present appeal, the appellant seeks to assail the judgement of conviction dated 16.04.2018 and order on sentence dated 19.04.2018 passed by District & Sessions Judge, North-East District, Karkardooma Courts, Delhi, in SC no. 44835/2015 arising out of FIR no. 258/2010 registered under Sections 308 IPC at P.S. Jyoti Nagar, Delhi. 2. Vide the impugned order on sentence, the appellant is sentenced to undergo RI for a period of 2 years alongwith fine of Rs.5,000/-, in default thereof would undergo SI for a period of 3 months for the offence punishable under Section 308 The benefit of Section 428 Cr.P.C. was granted to the appellant. The sentences of the appellant was suspended during pendency of the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 813/2018 Page 1 of 6 Signing Date:22.12.2025 13:27:50 present appeal by this Court vide order dated 26.11.2018. 3. Briefly put, the case of the prosecution is that on 03.06.2010, at about 9:00 PM, opposite the country-made liquor shop at Meet Nagar, Loni Road, the appellant inflicted a brick blow on the head of Deepak Jain and alongwith three other persons, also caused injuries to the complainant Mohd. Anis by way of fist and kick blows. 4. In support of its case, the prosecution examined 15 witnesses. The most material among them were the injured witnesses, Mohd. Anis, who was examined as PW-1, and Deepak Jain, who was examin