* 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

J U D G M E N T

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

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 started running back. PW-21/Chand Mohd. caught hold of him. However, the appellant came running from the main road with a meat cutting knife and attacked the deceased on his left side below his stomach and ran away. PW-21/Chand Mohd. stated that PW-5/Nasim tried to catch the accused, but he escaped. Since the deceased was bleeding heavily, he was taken to the hospital in a TSR by the brother of PW-21/Chand Mohd., that is, PW-12/Yamin, along with neighbours, that is, PW-2/Mukhtar and PW-5/Nasim. PW-21/Chand Mohd. later learnt that the deceased has been taken to Chacha Nehru Hospital where the doctor had declared him dead. PW-21/Chand Mohd. also reached the said hospital and stated to the police that the appellant had murdered the deceased.

4. It is the case of the prosecution that on the same day, the accused was arrested from his home and the alleged weapon of offence, that is, the knife, was recovered at his instance from the shop of PW-1/Mr. Shamim Ahmed.

5. The Post Mortem report of the deceased noticed an injury measuring 8x3.5 cm present at left inguinal region, 7 cm from midline (public symphysis) and 7.5 cm below and medial to anterior superior iliac spine. The depth of the wound was recorded as 7.1 cm. The cause of death was recorded as haemorrhage and shock due to the injury in question, which was found to be sufficient to cause death in the ordinary course of nature.

6. Upon completion of investigation, a chargesheet was filed on

12.06.2017.

7. The learned Trial Court, vide order dated 21.09.2017, framed the following charge against the appellant:

“That on 24.03.2017 between 2:30 pm to 2:45pm, on the road in front of Masjid and Madrasa Anjuman Islamia, near Saleem Ahmad Muga & Fish Shop, Delhi within the jurisdiction of PS New Gandhi Nagar, you intentionally committed the murder of Junaid, son with a meat cutting chopper and thereby you committed an offence punishable u/s.302 IPC.”

8. The appellant pleaded „not guilty‟ before the learned Trial Court.

9. In order to prove its case, the prosecution examined around 40 witnesses, including the purported eye-witnesses, public witnesses, as well as the concerned public officials.

10. The learned Trial Court, in its impugned order of conviction, rightly framed the facts that were required to be proved by the prosecution, as under:

“51. It is