Deepak @ Chunnu v. State NCT Of Delhi

$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 25.08.2025 + CRL.A. 663/2024 & CRL.M.(BAIL) 1254/2024 AMIR .....Appellant Through:

Mr. Akhilesh Kr. Singh, Advocate with Appellant through V.C. with Jail Warden Kapil versus STATE NCT OF DELHI .....Respondent Through:

Mr. Pradeep Gahalot APP for State with SI Sachin Sharma, P.S. Laxmi Nagar + CRL.A. 696/2024 & CRL.M.(BAIL) 1294/2024 DEEPAK @ CHUNNU .....Appellant Through:

Mr. Akhilesh Kr. Singh, Advocate.with Appellant through V.C. with Jail Warden Kapil versus STATE NCT OF DELHI .....Respondent Through:

Mr. Pradeep Gahalot APP for State with SI Sachin Sharma, P.S. Laxmi Nagar

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1.

As the impugned judgment on conviction and order on sentence are CRL.A. 663/2024 & CRL.A. 696/2024 Pg. 1 of 6

common, therefore, the appeals are taken up together for consideration and are disposed of by this common decision.

2.

By way of the present appeals filed under Section 374 Cr.P.C., the appellants seek to assail the judgment of conviction dated 31.01.2024 passed by the Ld. ASJ in SC No. 3730/2019 arising out of FIR No.2655/2015 registered under Sections 392/394/397/34 IPC at P.S. Shakarpur, Delhi, whereby the appellants were convicted for offences under Sections 308/394/34 IPC.

Vide order on sentence dated 03.06.2024, the appellants were sentenced to undergo RI for 5 years with a fine of Rs.10,000/- and in default of payment of fine, to further undergo SI for 6 months for the offence punishable under Sections 308/394 IPC. All the sentences were directed to run concurrently and benefit under Section 428 CrPC was also granted to the appellants.

3.

The facts, in a nutshell, noted by the Trial Court, are extracted hereunder:

36K RUQ RI XQQH cessary details, case of the prosecution is that on 14.11.2015 at about 12.15 pm, when the complainant/victim was FURVVL QJ WK H URDG DW μ6K DN DUSXU &K XQJL ¶ IRU FDWFK QJ offenders including the accused persons came and forcibly took him to nearby jungle. Thereafter, one of the offenders, put a knife on complainant's neck and threatened to kill him if he shouted for help. The accused namely Aamir took out Rs.1,800/- from complainant's pocket. Another offender took out complainant's mobile phone from his pocket. When the complainant resisted, the accused namely Deepak hit a brick on his head causing injury to him. The complainant/victim somehow ran away from the spot and informed about the incident to the police officials of a passing by PCR vehicle. The police caught the accused persons but remaining two offenders CRL.A. 663/2024 & CRL.A. 696/2024 Pg. 2 of 6