HUSSAIN AHMAD & ORS. vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25.09.2025 % Pronounced on: 06.10.2025 + CRL.A. 70/2019 and CRL.M.(BAIL) 123/2019 HUSSAIN AHMAD & ORS. .....Appellant Through: Mr. Avneesh Saran, Advocate for Appellant No. 1 Ms. Pallavi Garg, Advocate (DHCLSC) with Ms. Sanjana Sharma, Advocates for Appellant No. 3 with Appellant No. 3 in person. versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Nitin. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present challenge pertains to the judgment dated 19.11.2018 and the order on sentence dated 29.11.2018 rendered by the Additional Sessions Judge-04 & Special Judge (NDPS), South-East, Saket Courts, New Delhi, in Sessions Case No. 2294/2016, convicting the appellants under Sections 307/34 IPC and sentencing them to undergo rigorous imprisonment for 3 years each with a fine of Rs.5,000/- each, and in default thereof, to undergo simple imprisonment for 3 months each. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL.A. 70/2019 Pg. 1 of 8 Signing Date:07.10.2025 00:11:29 2. Though the present appeal was preferred by all the three convicts, appellant no. 2/Irfan @ Pappu has since expired, and the appeal qua him was abated vide order dated 25.09.2025. 3. The underlying incident is the occurrence of a quarrel that took place on 18.06.2011 at the shop of the complainant/Nafis Ali. The first information regarding a knife injury was recorded the same day at 10:25 P.M. In his statement under Section 161 Cr.P.C., the complainant alleged that on the previous day, i.e., 17.06.2011, at about 9:00 P.M., Irfan @ Pappu/appellant no. 2 and his brother Hussain/appellant no. 1 had come to his photo studio and demanded that he return a memory card given to him. The complainant denied