SONU LAKRA vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 08.04.2026 Judgment pronounced on: -16.04.2026 + CRL.A. 13/2018 SONU LAKRA .....Appellant Through: Mr. Archit Upadhayay, Advocate (DHCLSC). versus STATE .....Respondent Through: Mr. Utkarsh, APP for the State CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973, (the Cr.PC.), the sole accused in SC No. 27228/2016 on the file of the Additional Sessions Judge-02, Central District, Tis Hazari Courts, Delhi, assail the judgment dated 09.10.2017 and the order on sentence dated 28.10.2017 as per which he has been convicted and sentenced for the offence Signature Not Verified CRL.A. 13/2018 Page 1 of 28 Signed By:KOMAL DHAWAN Signing Date:17.04.2026 17:35:21 punishable under Section 307 of the Indian Penal Code, 1860 (the IPC). 2. The prosecution case is that on 29.09.2012 at about 7:30 PM, in front of the house of one Babu at Pusta Gopalpur, Delhi, the accused, along with Monu (a CCL), in furtherance of their common intention, wrongfully restrained PW3, abused and assaulted him, and while the CCL caught hold of PW3, the accused with a knife stabbed him on the left side of his chest, with such intention and under such circumstances that, had death been caused, he would have been guilty of committing murder. Accordingly, as per the charge-sheet/final report dated 30.11.2012, the accused is alleged to have committed the offence punishable under Section 307 read with Section 34 IPC. 3. On the basis of Ext. PW3/A FIS/FIR of PW3 recorded at Sushruta Trauma Centre on 29.09.2012, Crime No. 214/2012, Timarpur Police Station, i.e., Ext. PW8/B FIR dated 29.09.2012 alleging commission of the offence punishable u