SH AJAY NEGI vs THE STATE GOVT OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 04.02.2026 Judgment pronounced on: 06.02.2026 + CRL.A. 860/2017 SH. AJAY SINGH NEGI ......Appellant Through: Mr. A.K. Choudhary, Ms. Nikita Paik and Ms. Deepika, Advocates. versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Pradeep Gahlot, 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.P.C.), the sole accused in SC No. 6646/2016 on the file of the Additional Sessions Judge-02, South District, Saket Courts, New Delhi, assails the judgment dated 26.07.2017 and the order on sentence dated 10.08.2017 as per which he has been convicted and sentenced for the offence punishable under Section 307 of the Indian Penal Code, 1860 (the IPC). CRL.A. 860/2017 Page 1 of 27 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:06.02.2026 16:57:27 2. The prosecution case is that on 10.03.2015, at about 8:30 PM, in front of House No. 98, DDA Flats, South Enclave, Dakshinpuri, New Delhi, the accused fired at PW1 with a country- made pistol causing an injury. The accused did not have a license to own a fire arm. Hence, as per the charge-sheet/final report, the accused was alleged to have committed the offences punishable under Section 307 IPC and Sections 25, 27, 54, 59 of the Arms Act, 1959 (the Arms Act). 3. On the basis of Exhibit PW1/A FIS of PW1, given on 10.03.2015, crime no. 237/2015, Ambedkar Nagar Police Station, i.e., Exhibit PW5/B FIR was registered by PW5, Head Constable. PW11, Sub Inspector (SI) was entrusted with the investigation of the case. PW11 conducted investigation into the crime and on completion of the same, filed the charge-sheet/fina