MOHD TALHA vs THE STATE NCT OF DELHI & ORS

Judgment text excerpt

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 16.04.2026 Judgment pronounced on: 23.04.2026 + CRL.A. 209/2019 MOHD TALHA .....Appellant Through: Mr. Mehmood Pracha, Mr. Sanawar, Mr. Kshitij Singh, Ms. Nujhat Naseem, Mr. Sikander and Mr. Chirag, Advocates. versus THE STATE NCT OF DELHI & ORS .....Respondents Through: Mr. Utkarsh, APP for the State with SI Anil, PS Seemapuri. Mr. Harsh Ahuja, Mr. Ajay Chouwdhary, Mr. Mukul Singh and Mr. H. Verma, Advocates for respondents no. 2 and 3 with respondents no. 2 and 3 in person. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. Signature Not Verified CRL.A. 209/2019 Page 1 of 37 Signed By:KOMAL DHAWAN Signing Date:23.04.2026 16:06:44 1. This appeal under Section 372 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by PW2, the injured in Sessions Case No. 6988/2016 on the file of Additional Sessions Judge, Saket Courts, New Delhi, assailing the judgment dated 27.09.2017 as per which the first accused (A1) and second accused (A2) have been acquitted of the offence punishable under Sections 324 read with Section 34 of the Indian Penal Code, 1860 (the IPC). 2. The prosecution case is that on 31.12.2011 at about 01:30 PM, near H. No. 31/1, Ward No. 1, Mehrauli, New Delhi, A1 and A2, in furtherance of their common intention, voluntarily caused injury to PW2 with a knife, thereby committing an offence punishable under Section 324 read with Section 34 IPC. 3. On the basis of Ext. PW3/A FIS/FIR of PW2, given on 31.12.2011, Crime No. 02 of 2012, Mehrauli Police Station, that is, Ext. PW1/A FIR was registered by PW1, Head Constable (HC). PW6 conducted investigation into the crime and on completion of the Signature Not Verified CRL.A. 209/2019 Page 2 of 37 Signed By:K