STATE OF DELHI vs SHYAM & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :23rd September, 2025 Date of Decision :26th September, 2025 + CRL.A. 758/2009 STATE OF DELHI .....Appellant Through: Mr. Aman Usman, APP for State with SI Atul Prabhakar, PS-Okhla Industrial Area. versus SHYAM & ANR .....Respondents Through: Ms. Charu Sharma and Mr. Nishant Nain, Advocates for R-2. CORAM: JUSTICE RAJNEESH KUMAR GUPTA JUDGMENT 1. The present appeal is filed on behalf of the appellant/State against the judgment dated 28th March, 2008 (hereinafter referred to as the “impugned judgement”) and against the order-on-sentence dated 28th March, 2008 (hereinafter referred to as the “impugned order on sentence”) passed by the court of Additional Sessions Judge, Patiala House Courts, Delhi (hereinafter referred to as the “Trial Court”) in Sessions Case bearing No. 163/07 arising out of the FIR bearing No. 703/2000 registered at Police Station- Okhla Industrial Area, Delhi. 2. The respondents vide the impugned judgement were held guilty for committing the offence punishable under Sections 325/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”). The respondents vide the impugned order on sentence dated 28th March, 2008 were given Signature Not Verified CRL. A. 758/2009 Page 1 of 7 Signed By:VAISHALI CHAUHAN Signing Date:26.09.2025 16:24:59 benefit of probation and each of them were directed to pay a compensation of Rs. 10,000/- to the injured. 3. In the appeal, it has been prayed by the appellant that the impugned judgment be set aside and the respondents be punished for the offences punishable under Section 308/34 IPC and in the alternative, if the Court comes to the conclusion that the respondents were correctly convicted under Sections 325/323/34 IPC, then pass an order of conviction b