CHANDRA PRAKSH vs STATE NCT OF DELHI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:07.11.2025 + CRL.A. 1027/2019 CHANDRA PRAKSH .....Appellant Through: Mr.S.S. Ahluwalia and Ms.Rimpy Rohilla, Advocates Versus STATE NCT OF DELHI & ORS. ..... Respondents Through: Mr Pradeep Gahalot, APP for State Ms.Gayatri Nandwani, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of the present appeal filed under Section 372 Cr.P.C, the appellant/complainant seeks to set aside the judgement dated 04.12.2018 passed by District & Sessions Judge(East), Karkardooma, Delhi, in SC No. 2306/2016 in proceedings arising out of FIR no. 616/2015 registered at P.S. Ghazipur, Delhi whereby the Trial Court acquitted respondent Nos. 2 and 3 under Sections 308/34 IPC. 2. Briefly put, the case of the prosecution is that on 12.06.2015, information was received vide DD No. 12A regarding a quarrel at House No. B-112, Sunarwali Gali, Kondli, Delhi. Pursuant thereto, HC Danveer and Ct. Lokesh Kumar reached the spot and learnt that the injured had been taken to LBS Hospital. Upon reaching there, the injured, Chander Prakash, did not make any statement and was referred to GTB Hospital, where again he did not give any statement. Consequently, the DD entry was kept pending. Signature Not Verified Digitally Signed CRL.A. 1027/2019 Page 1 of 7 By:NIJAMUDDEE N ANSARI Subsequently, on 25.06.2015, the police visited the house of the injured, recorded his statement, and on the basis thereof, the present case was registered. As per his statement, on 12.06.2015 at 7:00 AM while he was watering the plants on his rooftop, his elder brother, Kanwarjeet, objected, alleging that water is damaging the roof. In the midst of verbal altercation, Kanwarjeet‟s sons, Deepak and Aashish @ Ashu, assaulted