STATE vs MOHD ZAHID

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 01.11.2025 Pronounced on : 03.11.2025 + CRL.A. 861/2017 STATE .....Appellant Through: Mr Pradeep Gahalot, APP for State with SI Pankaj Kumar PS Jyoti Nagar, New Delhi. versus MOHD ZAHID .....Respondent Through: Mr. Satish Kumar Tripathi, Advocate with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred by the appellant/State under Section 378 Cr.P.C. seeking setting aside of the impugned judgment dated 25.01.2016 passed by the learned Additional Sessions Judge, North-East District, Karkardooma Courts, Delhi, in proceedings arising out of FIR No. 337/2011 registered at P.S. Jyoti Nagar, whereby the Trial Court acquitted the respondent of the charge under Section 308 IPC. Notably, the leave to appeal was granted vide order dated 07.09.2017. 2. The case of the prosecution, in brief, is that on 20.08.2011 at about 8:45 p.m., the respondent had a quarrel with the injured and struck him on the head with a hammer with such intention or knowledge and under such circumstances that, if by that act death had been caused, he would have been Signature Not Verified Digitally Signed CRL.A. 861/2017 Page 1 of 10 By:PREM MOHAN CHOUDHARY guilty of culpable homicide not amounting to murder. The injured was removed to GTB Hospital by the PCR van and was initially declared unfit for statement. On the next day, after being declared fit, his statement was recorded. Consequently, the respondent was arrested, and a hammer was allegedly recovered from his house. Upon completion of investigation, the charge-sheet was filed, and the case was committed to the Sessions Court, where a charge under Section 308 IPC was framed. The respondent pleaded not guilty and claimed trial. 3.