SUBHASH vs STATE

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 4th November, 2025 Pronounced on : 17th December, 2025 + CRL.A. 255/2002 SUBHASH .....Appellant Through: Mr. S.S.Ahluwalia & Ms. Rimpy Rohilla, Advocates along with appellant in person. versus STATE .....Respondent Through: Mr. Aman Usman, APP. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT Per DINESH MEHTA, J. 1. The present appeal under Section 374 of the Code of Criminal Procedure („Cr.P.C.‟), 1973 has been preferred by the appellant-Subhash assailing his conviction, for the offences punishable under Sections 302/34 IPC in Sessions Case No.84/98, vide judgment of conviction dated 12.02.2002; and order on sentence dated 15.02.2002 passed by Additional Sessions Judge, New Delhi (hereinafter referred to as the „Trial Court‟) imposing, inter alia, punishment upon the appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- and in default thereof to further undergo rigorous imprisonment for 6 months. 2. The appellant, along with co-accused Ram Avtar and Rakesh, stood Signature Not Verified Digitally Signed By:NAVEEN KUMAR CRL.A.255/2002 Page 1 of 13 Signing Date:18.12.2025 16:46:28 convicted for the murder of one Raju s/o Kakku Ram by way of the common judgment dated 12.02.2002. The appeal filed by Ram Avtar and Rakesh, being Crl. A. 224/2002, stood abated as per the order of this Court dated 03.07.2024 in view of the fact that they had passed away. The appeal therefore remains only qua the present appellant. 3. The prosecution case as per the charge-sheet was that on the intervening night of 10th and 11th February, 1998, the appellant along with Ram Avtar and Rakesh murdered Raju in a room on the second floor of house being F-1698, J.J. Colony, T