* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18.02.2026 Pronounced on: 18.03.2026 + CRL.A. 85/2024 JITAN BORA ..... Appellant Through: Mr.Himanshu Anand Gupta, Mr.Sidharth Barua, Ms.Mansi Yadav, Mr. Shekhar Anand Gupta, Ms.Navneet Kaur, Ms.Shivani Rampal and Mr.Mike Desai, Advs.

versus THE STATE (GOVT. OF NCT) DELHI .....Respondent Through: Mr.Aman Usman, APP with Mr.Manvendra Yadav, Adv. with Insp. Madan Mohan, P.S.

GK-I, New Delhi.

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 appellant has approached this Court, assailing the judgment dated 15.07.2023 passed by the learned Additional Sessions Judge-05, South- East District, Saket Courts Complex, New Delhi (hereinafter referred to as the „Trial Court‟) in Sessions Case No. 490/2019, titled State v. Jitan @ Jitan Bora, arising out of FIR No. 134/2019, registered at Police Station Greater Kailash, New Delhi, under Sections 302 of the Indian Penal Code, 1860 (hereinafter referred to as the „IPC‟), whereby the appellant has been convicted under Section

302 of the IPC for the offence of murder.

2. The appellant also challenges the order on sentence dated 19.10.2023, whereby the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-, and in default of payment of fine, to undergo simple imprisonment for a further period of six months, for the offence punishable under Section 302 of the IPC.

CASE OF THE PROSECUTION:

3. Briefly stated, it is the case of the prosecution that on 13^th July 2019, at around 04:53 A.M., upon receipt of information vide DD No. 7A at Police Station Greater Kailash, Constable Asif/PW-11 reached the All India Institute of Medical Sciences (AIIMS), where the victim, Sanjeev Pandey, S/o Sh. Ramnath Pandey, with an alleged history of physical assault, was undergoing treatment. During the course of the treatment, at around 05:48 A.M., the victim was declared dead, and the said information was recorded vide DD No. 8A. In the investigation, it was revealed from the statement of PW-1/Ajeet Pandey, that he, along with the deceased, heard the sounds of a quarrel emanating from the appellant‟s room. The deceased went to the room of the appellant and attempted to pacify the appellant and his wife, however, the same was not received well by the appellant. Thereafter, when the deceased returned to his room, where PW-1 was also present, the appellant followed him. After a heated exchange of words, the deceased assaulted the appellant with a wooden stick, following which, the appellant attacked the deceased with a kitchen knife. PW-1 attempted to intervene and stop the scuffle, but he was pushed away by the appellant and he fell down. During the altercation, the deceased sustained grievous injuries and was taken to AIIMS Trauma Centre, Delhi, where, approximately 30-40 minutes after his admission, he was declared dead. Thereafter, on the basis of the complaint of PW-1 (Ex. PW-1/A), the subject FIR was registered, and the appellant was subsequently arrested.

4. Upon completion of the investigation, the Chargesheet was filed on 02.10.2019.

5. The learned Trial Court, vide Order dated 30.10.2019, framed Charges under Section 302 of the IPC against the appellant, to which he pleaded „not guilty‟ and claimed trial.

6. During the course of the trial, the prosecution examined fifteen witnesses, including PW-1, PW-4 and PW-5, who are vital for the purposes of the present appeal, and whose testimony shall be discussed in detail hereinafter.

7. The statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the „Cr.P.C.‟) was recorded on 31.10.2022. The appellant denied the prosecution‟s case and pleaded false implication. He stated that on the intervening night of 12/13.07.2019, he had consumed liquor outside his house. Thereafter, he returned home, where PW-1 and the deceased asked him to come to their room, stati