* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25^th February, 2026 Pronounced on: 7^thApril, 2026 Uploaded on: 7^thApril, 2026 + CRL.A. 943/2016 STATE (NCT OF DELHI) .....Appellant Through: Mr. Ritesh Kumar Bahri APP for State with Mr. Lalit Luthra and Mr.

R. S. Gupta, Advs.

SI Thakur Singh, P. S. Khyala.

versus HARISH & ANR .....Respondents Through: Mr. Harsh Prabhakar, Mr. Dhruv Chaudhry, Mr. Shubham Saurav and Mr. Vijit Singh, Advs.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

JUDGMENT

MADHU JAIN, J.

1. The present criminal appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter ‘CrPC’) has been preferred by the Appellant assailing the Impugned Judgement dated 20^th July 2015, passed by the ld. Additional Sessions Judge, West District, Tis Hazari Courts, Delhi, whereby the Respondents - Rinku @ Shiv Kumar and Harish were acquitted of the offences in Sessions Case No. 7/2011, arising out of FIR No. 210/2009, registered at P.S. Khyala under Section 307/324 read with Section

34 of the Indian Penal Code, 1860 (hereinafter ‘IPC’).

FACTUAL MATRIX:

2. The prosecution case emanates from an incident which allegedly took place on the intervening night of 17/18^th October 2009, during the festival of Diwali, at C-10, Raghubir Nagar, Delhi. As per the prosecution, the incident had its genesis in a sudden altercation when one PW- 8 Balram, who had visited the house of the complainant PW-1 Prabhu Shyam, was returning at about 12:30 a.m. It is alleged that at that time accused Rinku @ Shiv Kumar demanded a cigarette from him, and upon refusal, a quarrel ensued. The situation allegedly escalated when Rinku @ Shiv Kumar is stated to have assaulted Balram with a danda and thereafter called co-accused Harish to the spot. Harish is alleged to have arrived armed with a knife and, in the course of the altercation, inflicted knife blows upon PW-1 Prabhu Shyam when he intervened, and subsequently upon PW- 5 Ghanshyam, who also attempted to intervene. The occurrence is thus alleged to have arisen out of a spontaneous quarrel during the late hours of the Diwali night, and culminated in injuries being sustained by the said persons.

3. The case was set into motion upon receipt of DD No. 14A at Police Station Khyala at about 02:45 a.m., regarding a quarrel taking place at the said address.

4. Pursuant to the said information, PW-12 SI Gurdeep Singh, along with PW-9 Ct. Rajesh, proceeded to the spot of occurrence. However, upon reaching the location, no eye-witnesses were found present and the police officials were informed by persons gathered in the vicinity that the injured persons had already been removed to Deen Dayal Upadhyay Hospital (hereinafter ‘DDU Hospital’). The relevant portion of the statement is reproduced herein below:

5. Meanwhile, DD No. 17A was recorded at about 03:30 a.m., informing the police that two persons, namely Prabhu Shyam and Ghanshyam, had been admitted to DDU Hospital after sustaining injuries in a quarrel. Upon receipt of the said information, the Investigating Officer reached the hospital and sought permission from the attending doctor to record the statement of the injured.

6. Upon being declared fit for statement, PW-1 Prabhu Shyam, the complainant and one of the injured persons, gave his statement to the police. In the said statement, he alleged that on the night of the incident a person named Balram (PW-8) had come to his residence. When Balram left the house around 12:30 a.m., accused Rinku @ Shiv Kumar demanded a cigarette from him. Upon Balram refusing to provide a cigarette, an altercation ensued, during which the accused allegedly assaulted him. It was further alleged that the accused called Harish, who arrived armed with a knife and inflicted knife injuries upon Prabhu Shyam, and when Ghanshyam attempted to intervene, he too was stabbed. The relevant portion of the statement made by PW- 1 Prabhu Shyam is reproduced herein below:

“…he is residing at the aforementioned address and runs a chole bh