SURAJ SINGH vs THE STATE GOVT OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 05.12.2025 Pronounced on : 13.01.2026 Uploaded on : 13.01.2026 + CRL.A.1024/2017 SURAJ SINGH .....Appellant Through: Mr. Mahesh Kumar, Advocate versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Ms. Shubhi Gupta, APP for State with Ms. Yusra, Advocate, with Inspector B.S. Guliya, P.S. JP Kalan and SI Naveen Yadav, P.S. Dwarka South. + CRL.A.1034/2017 MOHD. NASEEM .....Appellant Through: Mr. Mahesh Kumar, Advocate versus STATE .....Respondent Through: Ms. Shubhi Gupta, APP for State with Ms. Yusra, Advocate, with Inspector B.S. Guliya, P.S. JP Kalan and SI Naveen Yadav, P.S. Dwarka South. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeals have been preferred by the appellants seeking to Signature Not Verified Digitally Signed By:PREM CRL.A. 1024/2017 & CRL.A. 1034/2017 Page 1 of 8 MOHAN CHOUDHARY Signing Date:13.01.2026 23:35:58 assail a common judgment of conviction dated 03.10.2017 and order on sentence dated 11.10.2017. The appellants were convicted for the offence punishable under Sections 326/34 IPC and sentenced to undergo RI for 3 years along with payment of a fine of Rs.10,000/- each, in default whereof they would undergo SI for 3 months each. The benefit under Section 428 Cr.P.C. was granted to the appellants. 2. As common submissions have been addressed, the present appeals are being taken up and disposed of vide a common judgment. 3. The facts in a nutshell are that the FIR in the present case came to be registered on 23.03.2012 on the statement of the complainant/injured, who alleged that he was a rickshaw driver. He had gone to take tea at the shop of one Guru Dev Das, and the complainant’s son, Kundan, was also there. At about 4.30 pm, four boys came who were loud