MOHD TALHA & ORS vs THE STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 15.04.2026 Judgment pronounced on: 23.04.2026 + CRL.A. 1001/2017 MOHD TALHA & ORS .....Appellants Through: Mr. Mehmood Pracha, Mr. Sanawar, Mr. Kshitij Singh, Ms. Nujhat, Mr. Sikander, Advocates. versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Utkarsh, APP for the State with SI Ankita, P.S. Mehrauli. Mr. Harsh Ahuja, Mr. Ajay Chowdhary, Mr. Mukul Singh, Advocates for R-2 & 3 with Respondents person. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (the Cr.P.C), the accused persons, namely, the first accused (A1), the second accused (A2), the third accused (A3) and the fourth accused (A4) in Sessions Case No. 6987/2016 on the file of the Additional Sessions Judge, South District, District Court Saket, New Delhi, assail the judgment dated 27.09.2017 and order on sentence dated 11.10.2017 as per Signature Not Verified CRL.A. 1001/2017 Page 1 of 63 Signed By:KOMAL DHAWAN Signing Date:23.04.2026 16:06:44 which they have been convicted and sentenced for the offence punishable under Section 308 read with Section 34 of the Indian Penal Code, 1860 (the IPC). The rank of accused persons are referred to as arrayed in the chargesheet/ final report. 2. The prosecution case as per the chargesheet/ final report is that on 31.12.2011, at about 01:30 PM., A1 to A4, along with one Umer (the CCL) in furtherance of their common intention, caused injuries using deadly weapons, to PW1 and PW2 with such intention and under such circumstances that, had death been caused, they would have been guilty of murder, thereby committing an offence punishable under Section 307 read with Section 34 IPC. 3. On the bas