The absence of intent to kill or knowledge that actions could likely cause death, alongside significant pre-existing health issues of the deceased, led to the alteration of conviction from murder to grievous hurt.

JUDGMENT :

MADHU JAIN, J.

BACKGROUND

1. Present appeals have been filed on behalf of the Appellants under Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, ‘ BNSS ’) assailing the impugned judgment of conviction and order on sentence dated 6^th September, 2025 and 12^th September, 2025 respectively, passed by the ld. ASJ (FTC)-02, Central District, Tis Hazari Court, Delhi whereby the Appellants have been convicted in Sessions Case No. 28476/2016 arising out of FIR No. 224/2015 registered at P.S. Darya Ganj under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter ‘ IPC ’).

2. By the impugned judgment of conviction and order on sentence, the appellants have been sentenced to undergo life imprisonment along with a fine of Rs. 5,000/-. In default of payment of the fine, they have been sentenced to undergo simple imprisonment for a period of two months for the offence punishable under Section 302 read with Section 34 of the IPC .

BRIEF FACTS:

3. Facts giving rise to the present appeals are that on 6^th April, 2015, DD No. 2A was received in PS Darya Ganj regarding a quarrel near Turkman Gate, Delhi. On receiving the said information, PW-11 SI Ved Pal, along with PW-22 Ct. Girivar, reached at the spot. An agitated crowd was present there. On inquiry, it was learnt that a motorcycle had touched a car, which led to a quarrel. During the quarrel, the occupants of the car allegedly assaulted the motorcycle rider. The injured had already been taken to LNJP Hospital.

4. Thereafter, I.O. went to LNJP Hospital, where he was informed by Ct. Ajay that the injured had been declared dead by the doctor. The Investigating Officer collected the MLC of the deceased and seized the clothes of the deceased.

5. This led to registration of FIR No. 224/2015 under section 302/34 IPC . The post mortem of the dead body of the deceased was then conducted.

6. Vide order dated 6^th July, 2015, a copy of the charge-sheet was supplied to the accused persons under Section 207 Cr.P.C. Vide order dated 20^th July, 2015, the case was committed to the Court of Sessions under Section 209 Cr.P.C.

7. The charges were then framed in the matter before the sessions court vide order on charge dated 4^th December, 2015 under Section 302 /34 IPC & read with 149 against all the five accused persons to which they pleaded not guilty and claimed trial.

8. During the trial, accused Sheikh Ameenuddin @ Ameenuddin Pehlwan expired, and the proceedings against him stood abated vide order dated 4^th May, 2024.

9. The ld. Trial Court has mainly relied on the testimonies of PW-2, PW- 3, PW-4, PW-7 and PW-9, as, according to the prosecution’s case, they are the eyewitnesses to the incident. While believing the testimonies of these witnesses, the ld. Trial Court has discussed them as under:

“3. PW-2 Mohd. Fahad, the son of the deceased, is an alleged eyewitness to the incident. He deposed that on 05.04.2015, he, his younger brother PW-3 Mohd. Kaif, and their father Sh. Shahnawaj (since deceased) were returning to their house from their grandmother’s residence on a motorcycle bearing registration No. DL-1SR-5852. At about 11:30 p.m., when they reached near Turkman Gate, there was a traffic jam. At that time, a silver-grey i-20 car bearing registration No. DL-2CAE-8426 came from the side of Ramleela Ground. While his father was tryi