DAL CHAND vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.11.2025 + CRL.A. 461/2016 DAL CHAND .....Appellant Through: Ms. Inderjeet Sidhu, Advocate (DHCLSC), Mr. Lalit Choudhary, Mr. Aditya Ranjan, Advocates with appellant in person(M:9810587998). versus STATE .....Respondent Through: Mr Pradeep Gahalot, APP for State with SI Vinay PS Neb Sarai, Delhi. HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present appeal has been filed under Section 374(2) Cr.P.C. assailing the judgment dated 28.03.2016 and the order on sentence dated 29.03.2016 passed by the learned ASJ-03, South District, Saket Courts, New Delhi, in Sessions Case No. 71/2015 arising out of FIR No. 254/2013 registered at P.S. Neb Sarai. 2. Vide the order on sentence the appellant was convicted for the offence punishable under Section 308 IPC and sentenced to undergo SI for a period of 3 years alongwith fine of Rs.1,00,000/-, in default whereof to undergo SI for 6 months, and for the offence punishable under Section 323 IPC, he was directed to undergo SI for a period of 1 year alongwith fine of Rs.1,000/- in default whereof to undergo SI 1 6 month. The benefit of Section 428 Cr.P.C. Signature Not Verified Digitally Signed CRL.A. 461/2016 Pg. 1 of 7 By:NIJAMUDDEE N ANSARI was granted to the appellant and both the sentences were directed to run concurrently. During the pendency of the present appeal, the sentence of the appellant was suspended by this Court, vide order dated 11.05.2016, and he was released on bail. 3. Briefly put, on 08.06.2013, the injured, Naveen Sharma (PW-2), a student of Class XII, was standing at Shanti Chowk along with his friends Chander Pal (PW-5) and Amit (PW-6). At that time, ‘X’ (JCL) arrived and demanded the mobile phone of one of Naveen’s friends and attempted to