GAJRAJ @ AMIT @ KALICHARAN vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 08.09.2025 Pronounced on : 09.10.2025 + CRL.A. 1085/2024 GAJRAJ @ AMIT @ KALICHARAN .....Appellant Through: Mr. Manjeet Mathur and Mr. Rajbardhan Singh, Advocates versus STATE NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. By way of the present appeal, the appellant seeks setting aside of the judgment of conviction dated 03.09.2024 rendered by the learned Principal District & Sessions Judge, North West, Rohini Courts, New Delhi in FIR No. 725/2017 registered under Sections 307/34 IPC at P.S. Begumpur. The appellant further seeks setting aside of the consequential order on sentence dated 07.10.2024, whereby he has been sentenced to undergo rigorous imprisonment for 5 years along with a fine of Rs.10,000/-, and in default of payment of fine, to further undergo simple imprisonment for 6 months. The fine was directed to be paid to the victim as compensation. The benefit of Section 468 BNSS was also extended to the appellant. 2. The subject FIR came to be registered in the context of an incident Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 1085/2024 Page 1 of 9 Signing Date:10.10.2025 23:06:53 that took place on 01.12.2017 in the office of the injured complainant/Mohd. Salim. As per the prosecution case, at about 8:20 P.M., 3-4 accused persons entered the office of the injured and started abusing him by saying, “sale tu yahan par makanon ki kharid farokt bandh kar, apna boriya bistra utha aur yahan se bhag ja”. When the injured asked them not to abuse, one of the accused carrying a danda hit him on his right hand, resulting in a scuffle. At that time, another accused, while uttering the words “yaha aise nahi manega,