State (Nct Of Delhi) vs Harish & Anr on 7 April, 2026

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    Delhi High Court

    State (Nct Of Delhi) vs Harish & Anr on 7 April, 2026

    Author: Prathiba M. Singh

    Bench: Prathiba M. Singh

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                     Reserved on: 25th February, 2026
                                                                       Pronounced on: 7th April, 2026
                                                                         Uploaded on: 7th April, 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 20th 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‘).

    SPONSORED

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    FACTUAL MATRIX:

    2. The prosecution case emanates from an incident which allegedly took
    place on the intervening night of 17/18th 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:

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    Witness Statement in Examination in Chief
    PW- 12 SI …on the intervening night of
    Gurdeep Singh 17/18.10.2009, he was on night
    emergency duty and at about 02:30 AM
    he received DD No,14A EX.PW12/A
    regarding a quarrel at C-10, Raghubir
    Nagar, Delhi. Thereafter, he along
    with Ct. Rajesh reached at C-10,
    Raghurbir Nagar, where no eye
    witness met at that time and only the
    fact that the injured were shifted to
    some hospital came to their know.

    Then they returned to police station.

    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

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    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 bhature shop. On 17.10.2009, one
    boy from his village namely Balram, came to him
    to meet and when at about 12.30 AM (night) he left
    his (complainantt) house for going to Uttam
    Nagar, accused Rinku demanded cigarette from
    him,, to which he denied while saying that he is not
    having cigarette. On this Rinku started abusing
    Balram and with the danda, which he was
    carrying, Rinku started giving beatings to
    Balram. When Balram shouted, he (complainant)
    and Ghanshaym came there. Rinku also started
    giving beatings to them. Rinku called Harish to
    bring knife, by raising voice, and accordingly
    Harish came there with knife and while abusing
    them told that “aaj tumhe bataunga ki tumne kis
    sey panga liya hai” and then he gave knife blow
    to him (Prabhu Shyam) and when Ghanshyam
    came to save him, he also gave knife blow to
    Ghanshyarm. Thereafter, his brother took him to
    hospital.”

    7. On the basis of the said statement, along with the medical documents
    and surrounding circumstances, the Investigating Officer prepared a rukka
    recommending registration of a case under Section 324 IPC. The rukka was
    sent through PW-9 Ct. Rajesh, pursuant to which FIR No. 210/2009 was
    registered at Police Station Khyala.

    8. During the course of investigation, the blood-stained clothes allegedly
    worn by the injured persons were seized and sealed by the Investigating
    Officer. Subsequently, statements of witnesses were recorded under Section
    161
    CrPC, and a site plan of the place of occurrence was prepared.

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    9. The medical examination of the injured persons was conducted at
    DDU Hospital. The MLC of Prabhu Shyam bearing No. 21018/09 (Ex. PW-
    4/A) revealed multiple incised wounds allegedly caused by a sharp weapon
    and the injuries were opined to be simple in nature. The MLC of
    Ghanshyam bearing No. 20956/09 (Ex. PW-2/A) recorded a deep incised
    wound on the right flank and the injury was later opined to be dangerous in
    nature. The said MLCs are reproduced hereinbelow:

    MLC of PW- 1 Prabhu Shyam

    “B. By Brother with alleged H/O assault N/H/O
    LOC/vomiting/EXT Bleed/ oriented O/E (On
    Examination):

    XXX
    Injuries:

    1. C/W Lt wrist on radial aspect 4X2 cm with bone

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    exposed.

    2. C/W below chin 2X1 cm.

    3. C/W upper Rt thigh lateral aspect 3X2 cm.

    4. C/W left axillary line 4cm lateral to nipple 4X1
    cm.”

    MLC of PW- 5 Ghanshyam

    “Alleged H/O physical assault as told by Brother
    and self. N/H/O LOC/vomiting/seizure/ENT bleed
    XXX
    O/E (On Examination):

    ï‚· Conscious, oriented
    ï‚· Afebrile
    ï‚· BP: 110/80 mm Hg
    ï‚· P: 80/min Regular, favorable
    ï‚· Chest: [Clear]
    ï‚· CVS: NAD clinically
    ï‚· CNS: [Normal]

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    ï‚· P/A: As per local examination
    L/E (Local Examination):

    ï‚· C/W: 4cm x 2cm over Rt flank.

    ï‚· Depth would be ascertained by SR Surgery.
    ‘X’ Injury- Dangerous – Rajiv.”

    10. The relevant medical opinion regarding the injuries are reproduced
    hereinbelow:

    Witness Statement in Examination in Chief
    PW- 2 Dr. On 18.10-2009 at about 02:20 AM
    Kumar injured Ghanshyam was brought to
    Narender DDU Hospital for his medical
    Mohan examination with alleged history of
    physical assault, as told by self and
    brought, by. On examination patient
    was found conscious and oriented. On
    local examination there was clean
    incised wound 4 cm X 2 cm over right
    flank (over the belly right side).

    Patient was given primary treatment
    and was referred to surgery
    emergency for further examination
    and management. The kind of weapon
    by which injured Ghanshyam
    sustained injuries was sharp. He
    proved on record the MLC of injured
    Ghanshyam, prepared by him, as Ex.

    PW-2/A bearing his signatures at point
    A.
    PW- 3 Dr. Rajiv Senior Resident, General
    Surgery, DDU Hospital stated that he
    has seen the MLC Ex;PW-2/A in
    respect of patient / injured Ghanshyam.
    Ghanshyam was referred to surgery
    emergency for further examination and

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    his case was seen by him being senior
    resident. Surgery. On examination
    patient was found conscious and
    oriented. In systemic examination of
    the abdomen of the patient, it was
    tense, guarding (tenderness) and
    rigidity was present. On the basis of
    the abovesaid finding, patient was
    admitted in surgery unit-l for further
    investigation and treatment. He proved
    on record the medical record (running
    into fourteen pages) from surgery
    department in respect of medical
    treatment given to the patient
    Ghanshyam in DDU Hospital, duly
    attested by the Statistical Officer,
    (Head of Medical Record
    Department).Ex.PW-3/A (colly.). As
    per the record patient Ghanshyam was
    operated on 18.10.2009 in the hospital
    as mentioned at page 8 of Ex.PW-3/A
    and on the basis of intra operative
    findings, he had opined the nature of
    injuries as dangerous as mentioned in
    MLC Ex. PW-2/A at point X bearing
    his signatures at point X-1. He further
    stated that the patient Ghanshyam was
    examined by him and his general
    findings given in MLC Ex.PW-2/A
    are.from point Y to Y1 bearing his
    signatures at point Y2.

    PW- 4 Dr. Ajay Medical Officer, DDU Hospital,
    sharma appeared in the court to depose on
    behalf of Dr. Aditya Kaushik, Junior
    Resident. He stated that he had seen
    Dr. Aditya Kaushik writing and signing
    during the course of official duty and
    he can identify his writing and

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    signature. On 18.10.2009, Dr. Aditya
    Kaushik examined patient Prabhu
    Shyam, who was brought by his brother
    with history of assault. Mr. Prabhu
    Shyam sustained injury 1. 01W left
    wrist on redial aspect 4×2 cm with
    bone exposed, 2. CIW bellow chin 2×1
    cm, 3. CIW upper left thigh lateral
    aspect 3×2 cm, 4. CIW left axillary line
    4 cm lateral to nipple 4×1 cm. After
    giving first aid patient was referred to
    surgery specialty for the. further
    management vide MLC no.21018. He
    proved on record the MLC prepared by
    Dr. Aditya Kaushik as Ex.PW-4/A. .

    11. In view of the medical opinion declaring the injury suffered by
    Ghanshyam as “dangerous”, Section 326 IPC was subsequently added
    during the course of investigation. Upon completion of investigation, a
    charge-sheet under Sections 324/326/34 IPC was filed before the court.

    12. At the stage of consideration of charge, the ld. Magistrate formed the
    opinion that the material on record disclosed a prima facie case under
    Sections 307/324/34 IPC, and since the offence under Section 307 IPC is
    triable exclusively by the Court of Sessions, the matter was committed to the
    Court of Sessions. The ld. Magistrate in order dated 4th August, 2011 held as
    under:

    “I have considered the rival submissions and
    perused the statement of Prabhu Shyam on the
    basis of which FIR was registered. I have also seen
    the MLCs on record wherein injuries of Ghan
    Shyam opined as dangerous with sharp weapon

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    and injuries of Prabhu Shyam opined as simple
    sharp. Hence, the material on record is sufficient
    which discloses a prima facie case for the offence
    u/s 307/34 and u/s 324/34 IPC against the
    accused persons. Charge be framed. Charge
    framed accordingly to which they pleaded not
    guilty and claimed trial.”

    13. Upon committal, charges under Sections 307/324/34 IPC were framed
    against the Respondents, to which they pleaded not guilty and claimed trial.

    14. In order to prove its case, the prosecution examined twelve witnesses,
    including the injured witnesses, eye-witnesses, medical experts and the
    investigating officers. The principal witnesses relied upon by the
    prosecution were the injured persons PW-1 Prabhu Shyam and PW-5
    Ghanshyam, along with PW-7 Suresh, brother of the injured persons, and
    PW-8 Balram, who was allegedly present at the time when the altercation
    began.

    
    
                                         Witness       Statement              in Statement      in     Cross
                                                       Examination in Chief       Examination
                                         PW-        1 ...Thereafter, Accused        ...Accused Rinku and
                                         Prabhu       Harish     along     with   Harish came inside his
                                         Kumar        accused Rinku stabbed       house     along      with
                                         Shah         him with the knife on his   Balram.    No      family
                                                      different I parts of the    member of accused
                                                      body including stomach.     persons came to his
                                                      His brother Ghanshyam       house     during      the
    

    vi/as also present in his quarrel. During the
    house at that time. When quarrel Suresh came
    he intervened in the downstairs at the ground
    incident, both the floor and he was also
    accused also stabbed beaten by the accused

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    Ghanshyam with knife. persons. The quarrel
    took place inside his
    house for 5-7 minutes.

    Accused persons also
    stabbed him with knife
    inside his house.

                                                                                XXX
                                                                                He conceded that in his
                                                                                statement            dated
                                                                                18.10.2009 it is nowhere
                                                                                stated that accused
                                                                                Rinku also stabbed him
                                                                                with knife or he was
                                                                                carrying     knife.     He
                                                                                confirmed that till date
                                                                                he has not lodged any
                                                                                complaint       to     any
                                                                                authority regarding the
                                                                                fact that 10 has not
                                                                                mentioned        in     his
                                                                                statement that accused
                                                                                Rinku was carrying a
                                                                                knife and he also stabbed
                                                                                him with knife. He
                                                                                clarified that his brother
                                                                                Suresh has lodged a
                                                                                complaint Ex.PWI/DA in
                                                                                this     regard,      after
                                                                                consulting with him.
                                         PW-      5 ...After meeting them,               ...He first time
                                         Ghanshyam when Balram came out         saw the accused Rinku
    

    from their house to go to on the date of incident in
    his house at Uttam his house i.e. C-10,
    Nagar, accused Rinku Raghubir Nagar, Delhi
    caught hold of Balram When Balram came
    and beaten him. Balram inside, he was alone and
    rushed to their house all of them were at that
    and accused Rinku time inside their house.

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    followed him and also At that time, Suresh was
    entered their house. He sleeping at the first floor
    requested Rinku not to of the house. Kundan
    beat Balram, to which was with him in the
    Rinku started beating house at that time when
    him also. In the Balram came inside after
    meantime, Rinku shouted quarelling with Rinku.

                                                    "HARISH           CHAKU       On     confronting      the
                                                    LEKAR AA". Harish             witness      with       his
                                                    came to his house with        statement Ex.PW5/D1,
                                                    two knives and he gave        he stated that he had told
                                                    one of the knives to          to the police in his
                                                    Rinku and with one knife      statement that accused
                                                    he stabbed in his             Harish came with two
                                                    abdomen. He became            knifes and out of which
                                                    unconscious. Harish and       he handed over one knife
                                                    Rinku also gave knife         to Rinku but the same
                                                    laws to his brother           was not found recorded
                                                    Prabhu Shvarn. One of         therein, however, the
                                                    the knife blows given by      fact of brining the knife
                                                    them on the neck of his       was recorded. He further
                                                    brother Prabhu but he         stated to have told to the
                                                    saved himself and the         police in his statement
                                                    knife blow caused injury      Ex.PW5/D1 that accused
                                                    on his chin. Before that      person threatened him
                                                    Balram ran way from           by saying 'BIHARION
                                                    the spot due to fear as he    AAJ TUMEH HUM
                                                    was beaten with danda.        JAAN       SE       MAAR
                                                    When the accused were         DENGE but the said fact
                                                    armed      with     knives,   is not found recorded in
                                                    Balram ran away. Both         his statement Ex.PW-
                                                    the accused attacked          5/D1.
                                                    them and caused injuries
                                                    with knives in order to
                                                    kill them.
                                         PW-      7 ... On the date of              In between the incident
                                         Suresh     incident at about 12:30       of     demanding      of
                                                    AM when Balram came           cigarette and arrival of
    
    
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                                                     out from their our house    accused Harish at the
                                                    for going to Uttam          spot he along with
                                                    Nagar, then accused         Balram         remained
                                                    Rinku          (correctly   present in front of the
                                                    identified)    demanded     house of accused Rinku.
                                                    cigarette from Balram.      He conceded that Rinku
                                                    Balram refused to give      had not inflicted knife
                                                    cigarette to Rinku, on      injuries to any injured.
                                                    which a quarrel had         The incident took place
                                                    started. Accused Rinku      for about 10-15 minutes
                                                    called accused Harish.
                                                    Accused Harish came at
                                                    the spot along with
                                                    knife. Accused Rinku
                                                    was having DANDA in
                                                    his hand. His brothers
                                                    Prabhu            Shyam,
                                                    Ghanshyam and he
                                                    himself were present at
                                                    the spot at the time of
                                                    incident. When they tried
                                                    to intervene in the
                                                    matter, then accused
                                                    persons gave beatings to
                                                    his brothers Prabhu
                                                    Shyam and Ghanshyam.
                                                    Accused Harish inflicted
                                                    knife injuries to his
                                                    brothers Prabhu Shyam
                                                    and Ghanshyam and he
                                                    took them to DDU
                                                    Hospital. Police met him
                                                    and      recorded     his
                                                    statement after making
                                                    enquiry from him.
                                         PW-      8 ...Thereafter, they came
                                         Balram     out from the house of
                                                    Suresh and Ghanshyam.
    
    
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                                                      Accused Rinku was
                                                     having LATHI / DANDA
                                                     in his hand. Accused
                                                     Rinku called accused
                                                     Harish. Accused Harish
                                                     (correctly      identified)
                                                     came at the spot
                                                     alongwith knife. Prabhu
                                                     Shyam, Ghanshyam and
                                                     Suresh were present at
                                                     the spot at the time of
                                                     incident. Accused Rinku
                                                     gave DANDA blow on
                                                     different parts of his
                                                     body. When Prabhu
                                                     Shyam and Ghanshyam
                                                     tried to save him then
                                                     accused persons gave
                                                     beatings to Prabhu
                                                     Shyam and Ghanshyam.
                                                     Accused Harish inflicted
                                                     knife injuries to Prabhu
                                                     Shyarri and Ghanshyam.
                                                     Suresh took Prabhu
                                                     Shyam and Ghanshyam
                                                     to DDU Hospital. Police
                                                     met him and recorded
                                                     his     statement     after
                                                     making inquiries from
                                                     him.      He     correctly
                                                     identified the LATHI /
                                                     DANDA as Ex.P-4 to be
                                                     the same vide which
                                                     accused      Rinku     had
                                                     caused injuries to him.
    
    

    15. Upon completion of prosecution evidence, statements of the accused

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    were recorded under Section 313 CrPC, wherein they denied the allegations
    and claimed that they had been falsely implicated.

    16. The defence examined two witnesses, DW-1 Nirmala and DW-2
    Manju, who sought to dispute the prosecution version and asserted that the
    accused were not involved in the alleged assault. The relevant portion of the
    statements are reproduced below:

    Witness Statement in Examination Statement in Cross
    in Chief Examination
    D1 W1- … Her son Shiv Kumar @ There was dark and
    Smt. Rinku and Harish did not she could not see the
    Nirmala cause any injury to Prabh|u person, who caused
    Shyam and Ghanshyam. On injuries to victims.
    the other hand they tired to No one had tried to
    save them. Suresh, Prabhu save Prabhu Shyam,
    Shyam and Ghanshyam Ghanshyam and their
    have falsely implicated her relatives. She could
    son Shiv Kumar @ Rinku not tell the name of
    and Harish in this case to the person, who told,
    extort money from them. him that,some boys
    They several times visited at robbed the gambled
    their house to. demand amount from Prabhu
    money i.e. Rs. 20 lacs to Shyam and
    change their statements but Ghanshyam and they
    as her son Shiv Kumar @ also caused injuries
    Rinku and Harish are to them.

                                                     innocent, they did not give     XXX
                                                     that money to them. Even in     She stated that she
                                                     the year 2013 Prabhu            did not lodge any
                                                     Shyam, Ghanshyam and            complaint anywhere
                                                     Suresh alongwith their          regarding         the
                                                     advocate came at their          demand of money by
                                                     house after consuming           victims            to
                                                     liquor and threatened them      compromise       this
    
    
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                                                       that they would implicate       matter. She had seen
                                                      her son, Shiv Kumar @           the victims only once
                                                      Rinku and Harish in the         at her residence
                                                      present case, if they would     when they came to
    

    not fulfill their demand. She demand money. She
    also made complaint at P.S. also could not tell the
    Khyala in this regard. On date and month when

    17.03.2014, Prabhu Shyam the victims with their
    and Ghanshyam again Advocate came to
    visited their house and used their house. She did
    filthy language and not make any call on
    demanded Rs. 20 lacs from 100 number in this
    them to compromise the regard. She could not
    matter. assign any reason as
    to why she had not
    made any call on 100
    number when the
    victims along with
    their Advocate came
    to their house after
    consuming liquor to
    demand money.

    D2 W1- … Her son.Harish and Shiv
    Smt. Manju Kumar @ Rinku did not
    cause any injury to Prabhu
    Shyam and Ghanshyam. On
    the other hand they tired to
    save them. Suresh, Prabhu
    Shyam and Ghanshyam
    have falsely implicated her
    son Harish and Shiv Kumar
    @ Rinku in this case to
    extort money from them.

    17. After appreciation of the evidence on record, the ld. Trial Court
    concluded that the prosecution had failed to prove its case beyond

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    reasonable doubt and accordingly acquitted the accused of the charges under
    Sections 307/324/34 IPC by Judgment dated 20th July, 2015. The findings of
    ld. Trial Court are as under:

    “…At this juncture, an important question arises if
    complainant and his family members made
    complaint date 20.11.2009 Ex.PW 1/DA
    complaining that police has registered a wrong
    FIR and if they had given a true version in their
    abovementioned complaint, then why, they did not
    depose in the court, as per the contents of their
    complaint dated 20.11.2009 and why they
    supported the story of the 10 after making material
    improvements, regarding the facts, which were
    neither mentioned in their complaint Ex.PWI/DA
    as well as in the FIR.

    15. In the light of aforesaid, both the accused
    persons are entitled for an Order of acquittal in
    their favour by giving them the benefit of doubt.
    They both are acquitted accordingly. Their existing
    Bail Bonds are extended for an another period of
    six months in view of the provisions of Sec.437A
    Cr.P.C.”

    18. During the pendency of the present appeal, it was brought to the
    notice of this Court that Respondents No. 2 Rinku @ Shiv Kumar had
    expired. Vide order dated 18th April, 2016, this Court recorded that
    Respondents No. 2 had died and accordingly directed that his name be
    deleted from the array of parties.

    SUBMISSIONS ON BEHALF OF THE APPELLANT:

    19. Mr. Bahri, the ld. APP submits that the incident in question occurred
    on the intervening night of 17/18th October 2009 at about 12:30 a.m., during

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    the festival of Diwali. It is submitted that the rukka/tehrir was prepared at
    about 5:45 a.m. on 18th October 2009, following which the FIR was
    promptly registered. The ld. APP submits that the prompt registration of the
    FIR clearly demonstrates that there was no delay or opportunity for
    fabrication or deliberation, thereby lending credibility to the prosecution
    version.

    20. The ld. APP further submits that the prosecution has been able to
    prove its case beyond reasonable doubt through the testimonies of the
    material witnesses and the supporting medical evidence. It is contended that
    the accused persons, being armed with knife, had attacked the injured
    persons Prabhu Shyam and Ghanshyam, and the nature of the injuries
    sustained clearly reflects the gravity of the attack and the intention of the
    accused.

    21. The ld. APP places reliance on the testimonies of PW-1 Prabhu
    Shyam and PW-5 Ghanshyam, both of whom are injured witnesses
    establishes the presence of the accused persons at the spot and their
    participation in the act. It is argued that the injured witnesses have
    consistently identified the accused persons and have supported the
    prosecution case in material particulars.

    22. The ld. APP further submits that the testimony of injured witnesses
    carries a special evidentiary value in a criminal trial. He further submits that
    there is ordinarily no reason for an injured witness to falsely implicate a
    person while shielding the actual offender, particularly when the witness
    himself has sustained injuries during the occurrence. In the present case,
    both the injured witnesses have supported the prosecution version and their
    testimonies are stated to be consistent with each other.

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    23. The ld. APP further submits that the prosecution version finds
    complete corroboration from the medical evidence on record. The medical
    examination conducted at DDU Hospital revealed that Prabhu Shyam had
    sustained injuries caused by a sharp weapon which were opined to be
    simple, whereas Ghanshyam had sustained a stab injury which was later
    opined to be dangerous in nature.

    24. It is further summitted that the ld. Trial Court erred in discarding the
    prosecution case by focusing on minor discrepancies and variations in the
    testimonies of the witnesses. He submits that, such minor inconsistencies are
    natural in the testimony of witnesses who depose after the passage of several
    years and cannot be treated as fatal to the prosecution case.

    25. The ld. APP further submits that the ld. Trial Court has also failed to
    properly consider the evidence led on behalf of the defence. It is submitted
    that the defence evidence, particularly the testimony of D1W1, was not
    subjected to a careful appreciation by the ld. Trial Court. He submits that,
    the defence version that the accused persons were not involved in the
    incident and had in fact attempted to rescue the injured persons appears to be
    a belated and afterthought explanation, which was introduced only during
    the course of the trial. It is submitted that the said defence is not supported
    by any material on record and does not inspire confidence when examined in
    the backdrop of the consistent testimony of the injured witnesses.

    26. The ld. APP submits that the prosecution evidence, when appreciated
    in its entirety, clearly establishes the culpability of the accused persons. It is
    contended that the testimonies of the prosecution witnesses are trustworthy,
    inspire confidence and remain substantially unshaken during cross-
    examination.

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    27. The ld. APP also places reliance on the judgement of Supreme Court
    in Shahaja v. State of Maharashtra, (2023) 12 SCC 558.

    SUBMISSIONS ON BEHALF OF THE RESPONDENTS:

    28. Per contra, the ld. counsel for the respondents submits, that the
    prosecution case itself suffers from serious inconsistencies and material
    contradictions which go to the root of the matter. The testimonies of the
    alleged injured eye-witnesses and other prosecution witnesses are not
    consistent with each other on several material aspects including the place of
    occurrence, the weapons allegedly used in the incident, and the presence of
    various persons at the scene of the crime.

    29. The ld. counsel submits that while the prosecution case as reflected in
    the charge sheet was that accused Rinku @ Shiv Kumar assaulted with a
    danda and accused Harish used a knife, the testimonies of certain
    prosecution witnesses introduced an entirely different version. In particular,
    PW-1 Prabhu Shyam and PW-5 Ghanshyam deposed during trial that both
    accused persons were armed with knives and that accused Harish had
    brought two knives and handed one of them to accused Rinku @ Shiv
    Kumar. The ld. counsel submitted that these improvements are clearly
    contrary to the earlier statements recorded during investigation and were not
    supported by the Investigating Officer, who categorically stated that none of
    the witnesses had informed him that two knives were used or that accused
    Rinku @ Shiv Kumar was carrying a knife. These material improvements,
    according to the respondents, render the prosecution case unreliable.

    30. He further submits that there are glaring contradictions regarding the
    place where the incident allegedly occurred. According to the prosecution

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    version in the final report, the incident took place outside the house situated
    at C-10, Raghubir Nagar. However, PW-1 Prabhu Shyam deposed that the
    accused persons entered his house and stabbed him inside the house. PW-5
    Ghanshyam, on the other hand, stated that the stabbing took place outside
    their house and not inside the premises. PW-7 Suresh Shah deposed that the
    incident occurred in front of the house of accused Rinku @ Shiv Kumar.
    The ld. counsel submits that such contradictory versions regarding the very
    place of occurrence create serious doubt about the truthfulness of the
    prosecution case.

    31. The ld. counsel for the respondents also pointed out inconsistencies
    regarding the presence of witnesses at the time when accused Rinku @ Shiv
    Kumar allegedly demanded a cigarette from PW-8 Balram. While PW-1
    Prabhu Shyam and PW-5 Ghanshyam stated that PW-8 Balram was alone at
    that time, PW-7 Suresh claimed that he and one Ranjeet were present with
    Balram. PW-8 Balram himself stated that one Kundan was accompanying
    him at that time. These contradictory versions, according to the respondents,
    demonstrate that the prosecution witnesses are not reliable and their
    testimonies cannot be safely relied upon for recording a conviction.

    32. It was further argued that several persons who were allegedly present
    at the scene of the incident were not examined during the trial. Witnesses
    such as Baljeet, Ranjeet, Kundan, Firoz and others were repeatedly
    mentioned in the testimonies of prosecution witnesses, yet none of them
    were examined by the prosecution. Ld. Counsel submitted that the non-
    examination of these material witnesses further weakens the prosecution
    case, particularly when the testimonies of the examined witnesses suffer
    from significant contradictions.

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    33. Attention of the Court was also drawn to the complaint dated 20th
    November, 2009 submitted by PW-7 Suresh to the Deputy Commissioner of
    Police alleging that incorrect facts had been recorded in the FIR. It was
    submitted that the said complaint introduced a materially different version of
    the incident and itself demonstrates that the prosecution witnesses were not
    consistent in their account of the occurrence.

    34. The ld. Counsel places reliance on the judgment of the Supreme Court
    in Arulvelu v. State, (2009) 10 SCC 206, wherein it was held that the
    Appellate Court should be slow in setting aside a Judgment of acquittal,
    particularly where two views are possible on the evidence. It was submitted
    that unless the findings of the ld. Trial Court are shown to be perverse or
    wholly unsustainable, interference in appeal is not warranted.

    35. The ld. counsel also places on Jagir Singh v. State (Delhi), (1975) 3
    SCC 562 and Shivaji Dayanu Patil v. State of Maharashtra, Supp (1) SCC
    758.

    ANALYSIS AND FINDINGS:

    36. The Court has considered the matter.

    37. At the outset, it is necessary to reiterate the settled position governing
    appeals against acquittal. The appellate court does possess the power to re-
    appreciate the evidence; however, interference with an order of acquittal is
    warranted only when the findings recorded by the ld. Trial court are
    perverse, manifestly illegal, or wholly contrary to the evidence on record.
    Where two views are reasonably possible on the basis of the evidence led,
    the view favourable to the accused ought to be adopted.

    38. The Supreme Court has consistently emphasised this principle in

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    Chandrappa v. State of Karnataka, (2007) 4 SCC 415, where the Supreme
    Court consolidated the principles applicable to appeals against acquittal and
    reiterated that the power to interfere must be exercised only in exceptional
    cases where the judgment of acquittal is clearly unreasonable or perverse.
    This Court is, accordingly, conscious that its task is not to re-appreciate
    evidence as a first court but to examine whether the acquittal suffers from
    any vitiating infirmity. The Supreme Court in the said case held as under:

    “42. From the above decisions, in our considered
    view, the following general principles regarding
    powers of the appellate court while dealing with an
    appeal against an order of acquittal emerge:

    (1) An appellate court has full power to review,
    reappreciate and reconsider the evidence upon
    which the order of acquittal is founded.
    (2) The Code of Criminal Procedure, 1973 puts no
    limitation, restriction or condition on exercise of
    such power and an appellate court on the evidence
    before it may reach its own conclusion, both on
    questions of fact and of law.

    (3) Various expressions, such as, “substantial and
    compelling reasons”, “good and sufficient
    grounds”, “very strong circumstances”, “distorted
    conclusions”, “glaring mistakes”, etc. are not
    intended to curtail extensive powers of an
    appellate court in an appeal against acquittal.

    Such phraseologies are more in the nature of
    “flourishes of language” to emphasise the
    reluctance of an appellate court to interfere with
    acquittal than to curtail the power of the court to
    review the evidence and to come to its own
    conclusion.

    (4) An appellate court, however, must bear in
    mind that in case of acquittal, there is double
    presumption in favour of the accused. Firstly, the

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    presumption of innocence is available to him
    under the fundamental principle of criminal
    jurisprudence that every person shall be
    presumed to be innocent unless he is proved
    guilty by a competent court of law. Secondly, the
    accused having secured his acquittal, the
    presumption of his innocence is further
    reinforced, reaffirmed and strengthened by the
    trial court.

    (5) If two reasonable conclusions are possible on
    the basis of the evidence on record, the appellate
    court should not disturb the finding of acquittal
    recorded by the trial court.”

    39. One of the notable aspects emerging from the record is that there was
    no prior enmity between the parties. The incident allegedly arose from a
    trivial altercation when accused Rinku @ Shiv Kumar demanded a cigarette
    from PW-8 Balram and the latter refused to provide the same. The
    prosecution itself does not suggest any prior enmity or longstanding dispute
    between the accused persons and the injured witnesses.

    40. The absence of prior enmity does not by itself exonerate an accused
    person. However, where the prosecution case rests primarily on oral
    testimonies which suffer from inconsistencies, the lack of motive assumes
    relevance while appreciating the overall probability of the prosecution
    version.

    41. In the present case, the alleged incident appears to have originated
    from a sudden quarrel during the festive night of Diwali and does not appear
    to have been the result of any pre-planned or premeditated conduct.

    42. The Supreme Court has held that in cases where the incident arises
    out of a sudden and unplanned altercation, the inference of premeditated

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    intention to cause death is difficult to sustain. The Supreme Court in Sudam
    Prabhakar Achat v. State of Maharashtra.
    , 2025 SCC OnLine SC 602,
    held that where an assault occurs suddenly without premeditation and the
    parties did not bear prior enimity toward each other, it would be
    inappropriate to attribute the gravest criminal intention to the accused. The
    Supreme Court in the said case held as under:

    “12. From the evidence of the prosecution
    witnesses itself, it is clear that the place of incident
    is near the house of accused persons. The
    possibility of a quarrel taking place on account of
    previous enmity between the accused persons and
    the deceased; and in a sudden fight in the heat of
    the moment, the appellant along with the co-
    accused assaulting the deceased cannot be ruled
    out. It can further be seen that the weapons used
    are a stick and the blunt side of the axe. These
    tools are easily available in any agricultural field.
    It therefore cannot be said that there was any
    premeditation.

    13. It is further to be noted that the appellant is
    alleged to have used the stick whereas the co-
    accused is said to have used the blunt side of the
    axe. If their intention was to kill the deceased,
    there was no reason as to why the co-accused
    would not have used the sharp side of the axe.
    The nature of injury and the evidence of the
    prosecution witnesses would also not show that
    the appellant had taken undue advantage or acted
    in a cruel manner.”

    43. A significant infirmity in the prosecution case arises from the
    contradictory versions regarding the place of occurrence. The ld. Trial Court

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    has noticed that: PW-1 Prabhu Shyam stated that the stabbing took place
    inside his house and the quarrel continued there for 5-7 minutes. PW-5
    Ghanshyam deposed that the entire incident occurred outside the house in
    front of the gate. The complaint dated 20.11.2009 (Ex. PW1/DA) submitted
    by PW-7 Suresh, introduced yet another location: “C Block, near Valmiki
    Mandir, near Police Station Khyala.” This is a materially different location
    from all versions given in the various testimonies. The translated version of
    the complaint dated 20.11.2009 is reproduced hereinbelow:

    “…On the date 17-10-2009, a boy from our
    village, Balram, came to our house from Uttam
    Nagar to give Deepawali greetings. At night, after
    the Deepawali prayer, when Balram, after having
    dinner, started going to his home in Uttam Nagar,
    my brothers Prabhu Shah and Ghanshyam went to
    drop him outside; then near Police Station
    Khayala, near C-Block Valmiki Mandir, Rinku, a
    resident of C-13, Raghubir Nagar, along with his
    paternal uncle’s son Harish and paternal aunt’s
    son Kallu, met my brothers and the village boy
    Balram at around 12:30 midnight and started
    asking for a cigarette. My brothers said that we do
    not smoke cigarettes, therefore we do not have
    cigarettes; then he, while being stubborn, started
    abusing (using foul language), and also these three
    snatched all the cash of that day’s earnings from
    the pockets of my brothers and upon their
    opposition, the village boy…

    44. The Investigating Officer, PW-12 SI Gurdeep Singh, further stated in
    his cross-examination that none of the witnesses had informed him that any
    incident took place inside the house nor had they taken him inside the

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    premises to show the place of occurrence.

    45. These different versions regarding the very location of the incident go
    to the root of the prosecution case. The place of occurrence is a foundational
    fact in any criminal prosecution and such contradictions render the
    prosecution case uncertain.

    46. Another major weakness in the prosecution case pertains to the
    uncertainty regarding the weapon used in the alleged assault.

    47. As per the original version of the prosecution reflected in the rukka
    and charge sheet, accused Rinku @ Shiv Kumar was stated to be carrying a
    danda, while accused Harish allegedly arrived with a knife and inflicted the
    injuries. However, during the trial, the testimonies of PW-1 and PW-5
    introduced a materially different version suggesting that two knives were
    used and that one of the knives was handed over by Harish to Rinku @ Shiv
    Kumar, after which both accused persons allegedly inflicted knife injuries.

    48. This improvement is clearly contradicted by the testimony of the
    Investigating Officer, who categorically stated that none of the witnesses
    had informed him that two knives were used or that accused Rinku @ Shiv
    Kumar was carrying a knife.

    49. Further, PW-7 Suresh and PW-8 Balram both prosecution witnesses
    have consistently stated that only accused Harish was carrying a knife,
    whereas accused Rinku @ Shiv Kumar was carrying a danda and did not
    inflict any knife injury. The alleged knife was also never recovered during
    investigation, despite the disclosure statement of accused Harish.

    50. The introduction of a second knife and the attribution of knife injuries
    to accused Rinku @ Shiv Kumar represent a material improvement upon the
    original version, one that was never disclosed to the investigating officer,

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    and finds no support in the charge-sheet, and is contradicted by two other
    prosecution witnesses. The Supreme Court in Sunil Kumar Sambhudayal
    Gupta v. State of Maharashtra
    , (2010) 13 SCC 657., held that where the
    improvement is not in matters of detail but goes to the heart of the alleged
    criminal act, it is a circumstance which substantially impairs the reliability
    of the testimony. The Supreme Court in the said case held as under:

    “Material contradictions

    30. While appreciating the evidence, the court has
    to take into consideration whether the
    contradictions/omissions had been of such
    magnitude that they may materially affect the trial.
    Minor contradictions, inconsistencies,
    embellishments or improvements on trivial matters
    without effecting the core of the prosecution case
    should not be made a ground to reject the evidence
    in its entirety. The trial court, after going through
    the entire evidence, must form an opinion about the
    credibility of the witnesses and the appellate court
    in normal course would not be justified in
    reviewing the same again without justifiable
    reasons. (Vide State v. Saravanan [(2008) 17 SCC
    587 : (2010) 4 SCC (Cri) 580 : AIR 2009 SC 152].)

    31. Where the omission(s) amount to a
    contradiction, creating a serious doubt about the
    truthfulness of a witness and the other witness
    also makes material improvements before the
    court in order to make the evidence acceptable, it
    cannot be safe to rely upon such evidence.

    (Vide State of Rajasthan v. Rajendra
    Singh
    [(2009) 11 SCC 106 : 1998 SCC (Cri) 1605]
    .)

    32. The discrepancies in the evidence of
    eyewitnesses, if found to be not minor in nature,
    may be a ground for disbelieving and discrediting
    their evidence. In such circumstances, witnesses

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    may not inspire confidence and if their evidence
    is found to be in conflict and contradiction with
    other evidence or with the statement already
    recorded, in such a case it cannot be held that the
    prosecution proved its case beyond reasonable
    doubt. (Vide Mahendra Pratap Singh v. State of
    U.P. [(2009) 11 SCC 334 : (2009) 3 SCC (Cri)
    1352] ).”

    51. The ld. APP has emphasised on the use of a knife and the seriousness
    of the injuries to contend that the accused persons intended to cause injury.
    However, the mere use of a knife does not automatically establish the
    intention required for an offence under Section 307 IPC.

    52. The Supreme Court in Jage Ram v. State of Haryana, (2015) 11 SCC
    366, held that the nature of weapon used is only one factor in determining
    intention, and the surrounding circumstances, nature of injuries and overall
    conduct of the accused must also be considered. The relevant paragraph
    from the said case is reproduced hereinbelow:

    “12. For the purpose of conviction under Section
    307
    IPC, the prosecution has to establish (i) the
    intention to commit murder; and (ii) the act done
    by the accused. The burden is on the prosecution
    that the accused had attempted to commit the
    murder of the prosecution witness. Whether the
    accused person intended to commit murder of
    another person would depend upon the facts and
    circumstances of each case. To justify a
    conviction under Section 307 IPC, it is not
    essential that fatal injury capable of causing
    death should have been caused. Although the
    nature of injury actually caused may be of
    assistance in coming to a finding as to the
    intention of the accused, such intention may also

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    be adduced from other circumstances. The
    intention of the accused is to be gathered from the
    circumstances like the nature of the weapon used,
    words used by the accused at the time of the
    incident, motive of the accused, parts of the body
    where the injury was caused and the nature of
    injury and severity of the blows given, etc.”

    53. In the present case, the incident appears to have arisen out of a sudden
    quarrel during the night of Diwali. The evidence on record does not clearly
    establish that the accused persons had any pre-existing intention to cause
    death.

    54. For instance, PW-1 conceded during cross-examination that his earlier
    statement did not mention that accused Rinku @ Shiv Kumar was carrying a
    knife or had stabbed him. Similarly, PW-5 admitted that the statement
    regarding Harish bringing two knives was not recorded in his earlier
    statement to the police.

    55. This Court also takes note of the fact that several persons allegedly
    present at or near the scene of the incident including Baljeet, Ranjeet,
    Kundan, Firoz, and others were referred to repeatedly in the testimonies of
    the prosecution witnesses but were never examined during the trial.

    56. The incident allegedly took place in a residential locality during
    Diwali night, and several persons were stated to be present in the vicinity.
    Despite this, none of the independent witnesses mentioned in the testimonies
    such as Baljeet, Ranjeet, Firoz or Kundan were examined by the
    prosecution.

    57. The failure to examine such witnesses assumes importance in the
    present case where the testimonies of the examined witnesses themselves

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    suffer from contradictions.

    58. In view of the discussion above, this Court is of the considered
    opinion that the prosecution has not been able to establish its case beyond
    reasonable doubt. The inconsistencies regarding the place of occurrence, the
    uncertainty about the weapon used, the improvements made in the
    testimonies of key witnesses and the absence of independent corroboration
    create serious doubt regarding the prosecution version.

    59. The ld. Trial Court was therefore justified in granting the benefit of
    doubt to the accused persons.

    60. Accordingly, the present appeal filed by the State is dismissed and the
    Impugned Judgment dated 20th July, 2015 passed by the ld. Trial Court is
    upheld. Pending applications if any, stand disposed of.

    MADHU JAIN
    JUDGE

    PRATHIBA M. SINGH
    JUDGE

    APRIL 7, 2026/P

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