JITENDER@ BABU vs STATE NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 4h February, 2026 Pronounced on: 27th February, 2026 Uploaded on: 27th February, 2026 + CRL.A. 1008/2025 & CRL.M.(BAIL) 1546/2025 JITENDER@BABU .....Appellant Through: Ms. Indu Kaul, Mr. Abhishek Sahu & Mr. Vikram Kaul, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Ritesh Kumar Bahri APP with Ms. Divya Yadav & Mr. Lalit Luthra, Advs. (M: 9999892015) with SI Deepak Malik, Inspector Mukesh Kumar PS Barakhamba Road. (M: 8130302556) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN JUDGMENT MADHU JAIN, J. 1. The present criminal appeal is filed under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, ‘BNSS’) by the Appellant assailing the Impugned Judgement of conviction and order on sentence dated 23rd April, 2025 and 26th April, 2025 respectively, passed by the ld. ASJ-04, New Delhi District, Patiala House Courts, New Delhi, whereby the Appellant has been convicted in Sessions Case No. 9097/2016, arising out of FIR No. 54/2015, registered at P.S. Barakhamba Road under Section 302 Signature Not Verified Signed By:RENUKA CRL.A. 1008/2025 Page 1 of 34 NEGI Signing Date:27.02.2026 17:25:28 read with Section 34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’), holding as under: “28. Since, both PW3 and PW6 have failed to identify accused Saurav and Satish as the persons who were present on the spot at the time of incident and in the absence of any other incriminating evidence against them, both accused Saurav and Satish are acquitted for the offence under S. 304/34 IPC. CONCLUSION The accused Sunny @ Babe and Jitender @ Babu are convicted for the offence under S. 302/34 IPC. The accused Saurav and Satish are acquitted for the offence under S. 304/34 IPC.” 2. By the Impugned Jud