Suresh v. State, NCT of Delhi

judgment be transmitted forthwith to the Superintendent of Prison, for necessary information and immediate compliance.

¶46The judgment be uploaded on the website of this Court forthwith. VIKAS MAHAJAN JUDGE PRATHIBA M. SINGH JUDGE SEPTEMBER 2, 2026 nsa

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 2nd September, 2026 Uploaded on: 10th September, 2026 # CNR No. DLHC010482352025 + CRL.A. 1032/2025 & CRL.M.(BAIL) 1572/2025 SURESH .....Appellant Through: Mr. Avneesh Saran, Adv. versus STATE, NCT OF DELHI .....Respondent Through: Mr. Ritesh Kumar Bahri, APP for State with Mr. Lalit Luthra, Mr. Randeep Kumar, Mr. Rishabh and Ms. Divya Yadav, Advs. with SI N.K. Patil, P.S. Gazipur (M. 9766981530) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN VIKAS MAHAJAN, J. (ORAL) 1. This hearing has been done through hybrid mode. 2. The present criminal appeal under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) has been preferred by the Appellant assailing the impugned Judgment of conviction dated 25th March, 2025 and the Order on sentence dated 16th April, 2025 passed by the Ld. Additional Sessions Judge (FTC), East District, Karkardooma Courts, Delhi, in Sessions Case No. 2650/2019. 3. Vide the impugned Judgment dated 25th March, 2025, the Appellant was convicted for the offences punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 174-A IPC, arising out of FIR No. 96/2019, registered at Police Station Gazipur. 4. Vide the Order on sentence dated 16th April, 2025, the Trial Court sentenced the Appellant to undergo rigorous imprisonment for life for the offence under Section 302 IPC, and simple imprisonment for a period of one year for the offence punishable under Section 174-A IPC, with a direction that both sentences shall run concurrently. The relevant portion of the said order is reproduced hereunder: "13. Thus, considering the overall facts and circumstances of the case including the gravity of offence committed by the convict and the young age of deceased victim, the convict Suresh is sentenced to undergo life imprisonment and to pay fine of Rs.10,000/-for commission of offence punishable under Section 302 IPC. In default of payment of fine, he shall undergo simple imprisonment of six months. Further the convict is also sentenced to undergo simple imprisonment for period of one year and to pay fine of Rs. 2000/- for commission of offence u/s 174-A of IPC. In default of payment of fine of Rs. 2,000/-, he shall undergo simple imprisonment for 15 days. The sentences of convict shall run concurrently. The benefit of Section 428 Cr.P.C. be given to the convict. Fine amount realized shall be disbursed to the LRs of deceased as compensation." 5. Briefly stated, the case of the prosecution, as culled out from the record, is that on 6th April, 2019, at about 8:40 AM, information was received at Police Station Gazipur, vide DD No. 14A, regarding an incident in front of Shop No. C-265, Paper Market, Gazipur, Delhi, in which a person had sustained a head injury. The said DD entry was entrusted to SI Amit Bhardwaj (PW-23), who along with Ct. Dinesh (PW-15) reached the spot, where bloodstains were found on the road. Upon inquiry, it transpired that the injured person namely, Mahajan had already been taken to Lal Bahadur Shastri (LBS) Hospital. Due to his critical condition, the patient was in turn referred by LBS Hospital to GTB Hospital, where he was subsequently declared unfit to make a statement. 6. SI Amit Bhardwaj, however, met Smt. Krishna Wati, wife of the injured, and recorded her statement. In her statement, she stated that she resided with her family in a jhuggi situated opposite C-265, Paper Market, Gazipur, Delhi. On 6th April, 2019, at about 8:00 AM, Smt. Nankarna, mother of appellant Suresh started abusing them on the allegation that they had hit their dog. An altercation ensued between Bifai Lal, father of the Appellant, and Krishna Wati's husband namely, Mahajan, whereafter both retreated to their respective jhuggis. 7. Shortly thereafter, while Mahajan was standing outside, the Appellant Suresh came there and uttered that he would teach Mahajan a lesson for ins