STATE OF NCT OF DELHI vs MAHESH KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.09.2025 + CRL.A. 198/2019 & CRL.M.A. 4001/2019 STATE OF NCT OF DELHI .....Appellant Through: Ms. Shubhi Gupta, APP for State versus MAHESH KUMAR .....Respondent Through: Mr. M.L. Yadav (DHCLSC) and Mr.Prashant, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of the present appeal filed under Section 377 Cr.P.C, the State, being aggrieved by the inadequacy of the sentence imposed on the respondent by the Trial Court, seeks enhancement of the same. 2. Pertinently, the respondent faced trial in FIR No. 293/2003 under Sections 302/308/323/4521174A/34 IPC and Section 27 Arms Act registered at P.S. New Usmanpur, Delhi. He was convicted for the offences under 304/34 IPC vide judgement dated 06.08.2025 and vide order on sentence dated 31.08.2018, he was held to be falling under Section 304 (II) IPC and sentenced to undergo rigorous imprisonment (RI) for a period of 2 years, 7 months and 8 days, which was already undergone by him and also to pay a fine of Rs. 1 lac, out of which Rs.70,000/- was to be paid to the victims as Signature Not Verified Digitally Signed CRL.A. 198/2019 Page 1 of 6 By:GAUTAM ASWAL Signing Date:04.09.2025 20:00:09 compensation and further a fine of Rs.30,000/- was to be paid with Chief Minister Kerala Flood Relief Funds, in default whereof, he was directed to undergo simple imprisonment (SI) for 7 months. Benefit of Section 428 Cr.P.C. was extended to him. 3. In brief, the case against him was that two groups were quarrelling at the factory of one Ram Singh. The father of the appellant, Khem Chand who was supporting one group, was pushed by the deceased/Raj Kumar and sustained injuries on his head. Khem Chand called the appellant and exhorted him by saying tha