KISHAN LAL & ORS vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.09.2025 + CRL.A. 57/2017 KISHAN LAL & ORS .....Appellants Through: Mr. Rohan Kanhai, Advocate. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahalot, APP for State with SI Rajesh Kumar, P.S. Vijay Vihar. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of present appeal, the appellants seek to assail the judgment dated 17.12.2016, whereby the appellants have been convicted for the offence punishable under Sections 308/34 IPC; appellant/Ashok has also been convicted for the offence punishable under Section 341 IPC. Vide order on sentence dated 22.12.2016, appellant/Kishan Lal has been sentenced to undergo RI for 1 year for the offence under Section 308/34 IPC with fine of Rs.2,000/- and in default of payment of fine to undergo SI for 1 month; appellants/Ashok Kumar and Sushil Kumar have been sentenced to undergo RI for 2 years each for the offence under Section 308/34 IPC with fine of Rs.5,000/- each and in default of payment to fine to undergo SI for 2 months each; appellant/Ashok Kumar has been also sentenced to undergo SI for 1 month for the offence under Section 341 IPC. All the sentences have Signature Not Verified CRL.A. 57/2017 Page 1 of 6 Signed By:GAUTAM ASWAL Signing Date:08.09.2025 13:29:09 been directed to run concurrently. Benefit of Section 428 Cr.P.C. has also been given. 2. Notably, the factum of death of Ashok Kumar/appellant No. 3 on 09.04.2025 has been verified and the present appeal qua him stands abated. The sentence of remaining two appellants has been suspended. 3. Appellants faced trial for the offence punishable under Sections 308/341/34 IPC in the proceedings arising out of FIR No. 488/11 registered at PS. Vijay Vihar, Delhi. As per the case