KAILASH KUMAR & ANR. vs THE STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 28.08.2025 Pronounced on : 02.09.2025 + CRL.A. 537/2024 KAILASH KUMAR & ANR. .....Appellants Through: Mr Shailendra Mani Tripathi and Ms Pooja Shilpkar, Advocates. versus THE STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr Pradeep Gahalot, APP for State. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The appellants, having been convicted for the offences punishable under Sections 307/34 IPC, preferred the instant appeal thereby seeking setting aside of the impugned judgment dated 18.01.2024 as well as order on sentence dated 14.03.2024 passed by the Additional Sessions Judge/FTC-02 (Central), Tis Hazari Courts, Delhi in Sessions Case no.27799/2016 arising out of FIR No.69/2012 registered under Section 324 IPC at PS – Sarai Rohilla , Delhi. 2. Vide the impugned order on sentence, the appellants have been directed to undergo Rigorous Imprisonment (RI) for seven years with fine of Rs.2000/- each for the offence punishable under Sections 307/34 IPC and in default whereof to further undergo Simple Imprisonment (SI) for one month. Benefit of Section 428 Cr.P.C. was given to the appellant. Signature Not Verified Digitally Signed CRL.A. 537/2024 Pg. 1 of 8 By:GAUTAM ASWAL Signing Date:02.09.2025 18:18:08 3. The investigation commenced on 24.02.2012 on receipt of information at about 11.37 PM regarding quarrel vide DD no.59A at 11.45 PM regarding stabbing vide DD no. 60A, at Sindhora Kalan. The inquiry in the aforesaid information was assigned to SI Kishore Kumar along with Ct. Udaiveer, who reached the spot of incidence i.e. Sindhora Kalan, whereby they came to know that the injured had been taken to hospital by a PCR. The injured was declared unfit to give a statement at that time and therefore, on the