RASHID @ BABBAN vs STATE OF NC TOF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28.01.2026 Pronounced on: 12.03.2026 + CRL.A. 459/2024 & CRL.M.(BAIL) 2247/2025 RASHID@BABBAN .....Appellant Through: Ms. Mallika Parmar, Adv. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Aashneet Singh, APP & Mr. Aman Usman, APP with ACP Mohinder Singh, PS Vivek Vihar, SI Shubham, PS Gandhi Nagar CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT NAVIN CHAWLA, J. 1. The instant appeal has been preferred by the appellant, challenging the Order dated 30.10.2023 passed by the learned Additional Sessions Judge-02, (East) Karkardooma Courts, Delhi (hereinafter referred to as „Trial Court‟) in S.C. No. 417/2017 arising out of FIR No. 109/2017 registered at Police Station Gandhi Nagar, New Delhi, vide which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 („IPC‟). 2. The appellant further challenges the Order on Sentence dated Signature Not Verified Digitally Signed CRL.A. 459/2024 Page 1 of 15 By:REYMON VASHIST Signing Date:12.03.2026 16:22:47 21.03.2024 passed by the learned Trial Court, sentencing him to undergo rigorous imprisonment for life with fine of Rs.1,000/- for the said offence. In case of default of payment of fine, the accused was to further undergo simple imprisonment for three months. FACTS OF THE CASE 3. Briefly stated, it is the case of the prosecution that on 24.03.2017, on the basis of the statement of PW-21/Chand Mohd., FIR No. 109/2017 was registered at the Police Station, Gandhi Nagar, stating that on 24.03.2017, at around 2:30-2:45 P.M., the nephew of the PW-21/Chand Mohd., that is, the deceased-Junaid came running to the shop of PW-21/Chand Mohd., picked up a stick lying in the shop and start