Sonu@ Panchu@ Langda vs State on 7 May, 2026

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    Delhi High Court

    Sonu@ Panchu@ Langda vs State on 7 May, 2026

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
    
                              %                                Judgment Reserved on: 04.05.2026
                                                               Judgment pronounced on: 07.05.2026
    
                              +      CRL.A. 76/2026 & CRL.M.(BAIL) 138/2026
                                     SONU@ PANCHU@ LANGDA                                .....Appellant
                                                          Through:   Mr.  Shailesh    Chandra         Jha,
                                                                     (DHCLSC), Advocate.
    
                                                          Versus
    
    
                                     STATE                                            .....Respondent
                                                          Through:   Mr. Utkarsh, APP for the State with
                                                                     SI Brij Mohan, P.S. Subzi Mandi.
    
    
                              CORAM:
                              HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
    
                                                          JUDGMENT
    

    CHANDRASEKHARAN SUDHA, J.

    1. In this appeal filed under Section 415(2) and 528 of the

    SPONSORED

    Bharatiya Nagarik Suraksha Sanhita, 2023, accused no. 1 (A1) in

    SC No. 1093/2018 on the file of the Special Judge, NDPS-01

    (Central), Tis Hazari Courts, Delhi, assails the judgment dated

    05.06.2025 and order on sentence dated 09.09.2025 as per which

    Signature Not Verified
    CRL.A. 76/2026 Page 1 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    he has been convicted and sentenced for the offence punishable

    under Section 308 read with Section 34 of the Indian Penal Code,

    1860 (the IPC).

    2. The prosecution case is that on 16.07.2018 at about

    11.30 pm at Gautam Gali near House No. 513, Kabir Basti, Malka

    Ganj, Delhi, the accused persons four in number (A1 to A4), in

    furtherance of their common intention, abused PW2 and attempted

    to murder him by stabbing him with a knife on his right thigh with

    the intention and knowledge and under such circumstances that if

    the act caused death would be guilty of murder. Hence, as per the

    charge-sheet/final report, the accused persons were alleged to have

    committed the offences punishable under Sections 307 and 506

    read with 34 IPC.

    3. On the basis of Ext.PW12/A FIS/FIR of CW1, given

    on17.07.2018, Crime no. 208/2018, Subzi Mandi Police Station,

    that is, Ext.PW1/A FIR was registered by PW1, Assistant Sub

    Inspector. PW6, Sub Inspector (SI) was entrusted with the

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    CRL.A. 76/2026 Page 2 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    investigation of the case. On completion of the investigation into

    the crime, the charge-sheet/final report was filed alleging the

    commission of the offences punishable under the aforementioned

    sections.

    4. When the accused persons were produced before the

    trial court, all the copies of the prosecution records were furnished

    to them, as contemplated under Section 207 Cr.P.C. After hearing

    both sides, the trial court, vide order dated 17.01.2019, framed a

    Charge under Sections 307 and 506 read with Section 34 IPC,

    which was read over and explained to them to which they pleaded

    not guilty.

    5. On behalf of the prosecution, PWs. 1 to 12were

    examined, and Exts. PW1/A-D, PW3/A-B, PW5/A, PW6/A-P,

    PW7/A-D,PW8/A1-B, PW9/A, PW12/A-C, P1-P3, Mark PW3/1,

    Mark PW5/1, and Mark 11/1-24 were marked in support of the

    case.

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    CRL.A. 76/2026 Page 3 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56

    6. After the close of the prosecution evidence, the accused

    persons were questioned under Section 313(1)(b) Cr.P.C.

    regarding the incriminating circumstances appearing against them

    in the evidence of the prosecution. The accused persons denied all

    those circumstances and maintained their innocence. They claimed

    that they had been falsely implicated in the case. A1 submitted that

    he had no connection with the incident. One of the co-accused,

    namely, Kapil @ Tola (A3), had given money to PW2.When he,

    along with the other accused persons, went to the house of PW2 to

    demand repayment of the loan, a heated exchange of words took

    place. Upon PW2’s refusal to return the loan amount, they left the

    place quietly. A1 submitted that he never caused any injury to

    PW2 and that he has been falsely implicated at the instance of

    PW2, who had refused to repay the loan to A3 and was attempting

    to extort money from them. According to A1, he is unaware as to

    how PW2 sustained injuries.

    Signature Not Verified
    CRL.A. 76/2026 Page 4 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56

    7. After questioning the accused persons under Section

    313(1)(b) Cr.P.C., compliance of Section 232 Cr.P.C. was

    mandatory. In the case on hand, no hearing as contemplated under

    Section 232 Cr.P.C. is seen done by the trial court. However, non-

    compliance of the said provision does not, ipso facto vitiate the

    proceedings, unless omission to comply with the same is shown to

    have resulted in serious and substantial prejudice to the accused

    (See Moidu K. vs. State of Kerala, 2009 (3) KHC 89 : 2009

    SCC OnLine Ker 2888). Here, A1 has no case that non-

    compliance of Section 232 Cr.P.C has caused any prejudice to

    him.

    8. DW1 and DW2 were examined on behalf of the

    accused. No documentary evidence was adduced by the accused.

    9. Upon consideration of the oral and documentary

    evidence on record, and after hearing both sides, the trial court,

    vide the impugned judgement dated 05.06.2025 found the accused

    persons guilty of the offence punishable under Section 308 read

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    CRL.A. 76/2026 Page 5 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    with Section 34 IPC. Vide order on sentence dated 09.09.2025, the

    accused persons have been sentenced to rigorous imprisonment for

    a period of five years. Aggrieved, A1 has preferred this appeal.

    10. This appeal was admitted on 21.01.2026. The sentence

    was not suspended as the appellant/A1 has criminal antecedents. It

    was submitted that out of the period of five years, the appellant/A1

    has served more than four years. Hence, the appeal was taken up

    for final hearing and the matter was heard.

    11. The learned counsel for the appellant/A1 submitted that

    the impugned judgment is vitiated by a complete misappreciation

    of evidence. It was submitted that no recovery was effected from

    A1. A1 had no role in the incident in which PW2 sustained

    injuries. PW2 has been falsely implicated A1 due to the financial

    dispute between the former and the co-accused. PW3, the brother

    of PW2, has turned hostile. PW4 and PW5 have not witnessed the

    incident. Apart from PW2, no other witness has supported the

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    CRL.A. 76/2026 Page 6 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    prosecution case. Hence, and the appellant/A1 is entitled to the

    benefit of doubt.

    12. Per contra, the learned Additional Public Prosecutor

    supported the impugned judgment and submitted that the

    consistent testimony of PW2, read in conjunction with the medical

    evidence on record, clearly establishes that the injury was caused

    by A1 along with A2 to A4 in furtherance of their common

    intention. There is no infirmity in the impugned judgment calling

    for an interference by this Court.

    13. Heard both sides and perused the records.

    14. The only point that arises for consideration in the

    present appeal is whether there is any infirmity in the impugned

    judgment calling for an interference by this court.

    15. I make a brief reference to the oral and documentary

    evidence relied on by the prosecution in support of the case. Ext.

    PW12/A FIS/FIR of Jaspal, brother of PW2, cited as the first

    charge witness (CW1) reads thus:- On the night of 16.07.2018, at

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    CRL.A. 76/2026 Page 7 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    approximately 11:00 p.m., while he was sitting in the street outside

    his house talking to his aunt, four boys, whom he is acquainted

    with, namely, (1) Kapil (A3), also known as Bhola, son of

    Laxman, residing at House No. 749, Nehru Kutia, Kabir Basti; (2)

    Pawan (A2), son of Naval, residing at Nehru Kutia, Kabir Basti;

    (3) Sonu (A1), also known as Langda, son of Vijay, residing at

    Hotel Wali Gali, Kabir Basti; and (4) Suraj (A4), son of Sunil,

    residing at Hotel Wali Gali, Kabir Basti, passed through the street

    using abusive language. When he confronted them and questioned

    them, all four of them began threatening him and continued with

    their verbal abuse. Hearing the commotion, his younger brother,

    Ghanshyam (PW2), came out of the house and asked the boys to

    move on. In response, the four boys threatened to kill Ghanshyam

    (PW2) and began beating the latter. Sonu (A1) and Pawan (A2)

    grabbed his brother from both sides, while Suraj (A4) held him

    from behind. Kapil (A3) then with a knife stabbed his brother,

    Ghanshyam (PW2), on the right thigh. His brother began to bleed

    Signature Not Verified
    CRL.A. 76/2026 Page 8 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    profusely. After the incident, the four boys fled the scene. With the

    help of neighbours, he took his brother to the Hindu Rao Hospital

    for treatment, where the doctor referred him to the Safdarjung

    Hospital.

    16. CW1 is not seen examined. PW2, the injured, deposed

    that on 16.07.2018 at about 11:00 p.m., while he was inside his

    house, he heard screams. When he went outside, he saw that the

    accused persons, namely, Pawan (A2), Tola (A3), Suraj (A4) and

    Langra (A1), were abusing his brother Jaspal (CW1). He

    intervened and asked Jaspal (CW1) to go inside, while requesting

    the accused persons to leave. Although the accused persons

    initially went towards the main roadside, they soon returned,

    started abusing and engaged in a scuffle with him. Tola (A3)

    threatened to kill him. Thereafter, Langra (A1) caught hold of his

    left hand, Suraj (A4) held him by the neck from behind, and Pawan

    (A2) caught his right hand. Meanwhile, Tola (A3) took out a knife

    and tried to stab him on his abdomen region and when he tried to

    Signature Not Verified
    CRL.A. 76/2026 Page 9 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    save himself, he sustained an injury on the upper portion of his

    right thigh. On hearing the commotion, Chander Prakash (PW3),

    his elder brother, arrived at the scene. The accused persons after

    injuring him fled from the scene of occurrence. His brother took

    him to the Hindu Rao Hospital, after which he lost consciousness.

    He regained consciousness in the Safdarjung Hospital. PW3 told

    him that he had initially been taken to the Hindu Rao Hospital

    from where he was referred to the Safdarjung Hospital. PW2

    identified the pant and underwear he was wearing at the relevant

    time, and the same have been marked as Ext. P1(colly) and his

    slipper as Ext. P2.

    16.1. PW2 in his cross-examination deposed that at the time of

    the incident, he was working in a thread factory. However, after

    the incident he is unable to work now due to the disability

    sustained. On the said day, he had infact gone to sleep after dinner

    when he heard the commotion. When he intervened, Jaspal, his

    brother was sitting in the gali outside his house, and all four

    Signature Not Verified
    CRL.A. 76/2026 Page 10 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    accused persons were standing near his brother. PW2 admitted that

    he had no prior enmity with the accused persons. His bhabhi and

    PW3 were inside the house and they came out on seeing him being

    stabbed. Chander Prakash, his brother (PW3) had come to the

    scene on seeing him injured and the latter had taken him to the

    hospital. According to PW2, the cause of the incident was because

    he intervened on hearing the accused persons abusing his brother.

    His brother did not sustain any injury in the incident. He denied

    the suggestion that no such incident had taken place, or that the

    accused persons had not caused any injuries to him or that the

    accused persons had been falsely implicated or that he was

    deposing falsely.

    17. PW3, the brother of PW2, deposed that at the time of

    the incident, he was residing with his brothers Jaspal (CW1),

    Ghanshyam (PW2), Kapil, his sister and mother. On the said date,

    he was sleeping inside his house. On hearing noises, he went

    outside and saw PW2 lying on the ground with blood oozing out of

    Signature Not Verified
    CRL.A. 76/2026 Page 11 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    his thigh. With the help of Jitender Bhardwaj (PW4), his

    neighbour, he took PW2 to the Hindu Rao Hospital on a

    motorcycle. From Hindu Rao Hospital, Ghanshyam (PW2) was

    referred to Safdarjung Hospital. PW3 deposed that he does not

    know who had caused injuries to his brother, Ghanshyam (PW2).

    The prosecutor then is seen to have sought permission of the trial

    court to “cross-examine” PW3 on the ground that the latter was

    resiling from his previous statement. The request was allowed. On

    further examination by the prosecutor, PW3 deposed that he had

    not stated to the police that his brother, Jaspal (CW1), who was

    present with Ghanshyam (PW2) at the spot, had informed him that

    Kapil @ Tola (A4), Pawan (A2), Sonu @ Langda (A1), residents

    of Nehru Kutia, had assaulted PW2 with a knife and had fled the

    scene.

    18. PW4, the neighbour of PW2, was unable to recall the

    exact date of the incident. According to him, the incident occurred

    in July 2018. On the said day, at about 11:00 p.m., he heard a

    Signature Not Verified
    CRL.A. 76/2026 Page 12 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    quarrel outside his house. When he went outside his house, he saw

    that Jaspal (CW1) and Chander Prakash (PW3), who were his

    neighbours, were trying to lift their brother Ghanshyam (PW2),

    who was injured. He, along with PW3, took PW2 to the Hindu Rao

    Hospital. PW4 was never cross-examined by any of the accused

    persons

    19. PW6, Sub-Inspector, Subzi Mandi police station,

    deposed regarding the various steps taken by him during the course

    of the investigation. He had arrested Sonu @ Pancha @ Langda

    (A1), Pawan @ Saurabh @ Totla (A2), Kapil @ Siddhu @ Tola

    (A3) and Suraj (A4)videExts. PW6/B, PW6/C, PW6/D and PW6/E

    arrest memos, respectively. According to PW6, the disclosure

    statements of the accused persons are Exts. PW6/J, PW6/K,

    PW6/L and PW6/M, respectively. During the course of the

    investigation, at the instance of Pawan (A2), the knife used for the

    crime was recovered as per Ext. PW6/P seizure memo. The sketch

    of the knife is Ext. PW6/O.

    Signature Not Verified
    CRL.A. 76/2026 Page 13 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56

    20. PW9, Professor and Head of the Department, CTVS,

    Vardhmana Mahavir Medical College and Safdarjang Hospital,

    New Delhi, deposed that the investigating officer requested his

    opinion on the nature of injuries recorded in the MLC. Vide Ext

    PW9/A letter, he opined that the injuries suffered by PW2 were

    grievous in nature. In his cross-examination, PW9 admitted that he

    had not examined the patient, and his opinion as to the injury was

    based on the MLC and the documents attached to the MLC.

    21. I also make a brief reference to the testimony of

    defence witnesses. DW1, a neighbour of PW2 as well as A1,

    deposed that there was a financial dispute between PW2 and A3.

    On the date of the incident, A3 went to the house of PW2 to get

    back his money. PW2 refused to return the money and said that he

    would never return the money and that A3 could do whatever he

    wanted. Thereafter, the accused persons quietly left the spot. In his

    presence, only a heated exchange of words had taken place, and

    there was no quarrel. The next day, he came to know that PW2 had

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    CRL.A. 76/2026 Page 14 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    sustained injuries and that he was in the hospital. He is unaware as

    to how PW2 sustained the injuries.

    22. DW2 has supported the version of DW1.

    23. The appellant/A1 stands convicted of the offence

    punishable under Section 308 read with Section 34 IPC. Section

    308 deals with the offence of ‘attempt to commit culpable

    homicide’. For invoking Section 308 IPC, it is not essential that

    the injury actually caused should be sufficient in the ordinary

    course of nature to cause death; what is required to be seen is

    whether the act, irrespective of its result, was committed with such

    intention or knowledge and under such circumstances that, if death

    had ensued, the accused would have been guilty of culpable

    homicide not amounting to murder. Further, factors such as the

    nature of weapon used, the part of the body targeted, the severity

    of the blow, the nature and size of the injury, the motive and the

    conduct of the accused are relevant in determining the existence of

    such intention or knowledge.

    Signature Not Verified
    CRL.A. 76/2026 Page 15 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56

    24. The version of PW2 that he sustained injuries is

    supported by PW3 his brother and PW4, his neighbour. Though

    PW3 and PW4 do not speak of how or who caused the injury, they

    admit that PW2 did sustain injuries. The appellant/A1 does not

    have a case that PW2 did not sustain injuries. On the other hand,

    his defence is that he is unaware as to how PW2 sustained the

    injury. It is true that the MLC is not seen marked. But the

    testimony of PW9, the doctor, that he had gone through the MLC

    and the connected documents and that the injury caused to PW2

    was a grievous one has not been discredited in any way as he was

    never cross-examined. PW2 when examined stood by his case and

    in the cross-examination nothing was brought out to discredit his

    testimony. It was brought out in the cross-examination of PW2 that

    there exists no enmity between PW2 and A1. Therefore, there is no

    reason to disbelieve or discard his testimony. It is true that apart

    from the testimony of PW2, there is no other witness who is

    supporting his case. Even PW3, his brother does not support PW2,

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    CRL.A. 76/2026 Page 16 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    though the former does admit that the latter did sustain injuries.

    The presence of PW2 at the scene of occurrence is not disputed

    and hence, cannot be doubted. When once his presence at the scene

    is not doubted, then his testimony assumes great importance unless

    there are strong grounds, the same cannot be rejected on the basis

    of some minor discrepancies. (See Shivalingappa Kallayanappa

    v. State of Karnataka 1994 Supp (3) SCC 235).

    25. The law on the point can be summarised to the effect

    that the testimony of an injured witness is accorded a special status

    in law. This is as a consequence of the fact that the injury to the

    witness is an in-built guarantee of his presence at the scene of the

    crime and because the witness will not want to let his actual

    assailant go unpunished merely to falsely implicate a third party

    for the commission of the offence. Thus, the deposition of the

    injured witness should be relied upon unless there are strong

    grounds for rejection of his evidence on the basis of major

    contradictions and discrepancies therein. (See Abdul Sayeed v.

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    CRL.A. 76/2026 Page 17 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    State of M.P.
    , (2010) 10 SCC 259 and Jarnail Singh v. State of

    Punjab, (2009) 9 SCC 719). In the case on hand, no material

    contradiction(s) or inconsistencies have been brought out in the

    testimony of PW2 to disbelieve him.

    26. The appellant/A1 has not denied his presence at the

    scene of the occurrence on 16.07.2018. His only case is that he had

    not caused the injuries. While questioned under Section 313(1)(b)

    Cr.P.C., A1 has developed a new case of some financial dispute

    between PW2 and A3. To establish the same, he examined DW1

    and DW2. However, the appellant/A1 never had such a case when

    PW2 was in the box. It was in the cross-examination of PW2, it

    was brought out that no prior enmity existed between him and A1.

    Despite that not even a suggestion is seen put to PW2 regarding

    any financial dispute between him and A3. The defence version

    appears to be an afterthought.

    27. It was further submitted by the learned counsel for the

    appellant/A1 that no recovery has been effected from A1. It is true

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    CRL.A. 76/2026 Page 18 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56
    that no recovery was effected from A1. According to the

    prosecution case, the knife used for the crime was recovered at the

    instance of A2. I am not going to the said aspect in this appeal filed

    by A1 alone. Be that as it may, it is well settled that recovery of the

    weapon used in the commission of the offence is not a sine qua

    non for conviction, if the prosecution case is otherwise proved

    beyond reasonable doubt (see Rakesh v. State of U.P., (2021) 7

    SCC 188). In the case on hand, I find no reason(s) to disbelieve

    PW2 whose testimony has in no way been discredited. Though the

    appellant/A1 has been charged for the offence punishable under

    Section 307 read with Section 34 IPC, the trial court found him

    guilty for the offence punishable under Section 308 read with

    Section 34 IPC. No arguments were advanced on the said point.

    28. In the light of the aforesaid discussion, I find no

    infirmity in the impugned judgment calling for an interference by

    this Court.

    29. The appeal sans merit is dismissed.

    Signature Not Verified
    CRL.A. 76/2026 Page 19 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56

    30. Application(s), if any, pending, shall stand closed.

    CHANDRASEKHARAN SUDHA
    (JUDGE)

    MAY 7, 2026
    Rs/mj

    Signature Not Verified
    CRL.A. 76/2026 Page 20 of 20
    Signed By:KOMAL
    DHAWAN
    Signing Date:07.05.2026
    15:03:56



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