High Court allowed three appeals under Section 374 CrPC filed by convicts in a violent assault case. Modifying original sentences to time already undergone but retaining liability for fines and compensation.
Substantive sentences modified to period already undergone; fine remains; compensation payable within 4 weeks.
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$~61, 67 and 72
CORAM:
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308/34 IPC.
The appellants were convicted for the offences punishable under Sections 308/34 IPC and sentenced to undergo SI for 4 years. The appellants- Vijay Singh and Laxman are directed to pay a compensation of Rs.1 lakh each to the injured, in default whereof would undergo further SI for 6 months. The benefit of Section 428 CrPC was granted to the appellants.
The sentence of appellant/ Deepak Rathi was suspended during the pendency of the present appeal by this court vide order dated 21.12.2016.
The sentence of appellant/ Vijay Singh was suspended during the pendency of the present appeal by this court vide order dated 14.12.2016.
The sentence of appellant/ Laxman was suspended during the pendency of the present appeal by this court vide order dated 10.05.2018. 2. In support of its case, the prosecution examined 12 witnesses. The material witnesses include the complainant, who is the brother of the injured was examined as PW-2. He deposed that on 26.09.2010, he, his brother Rahul (PW-3), and his friend Amit were visiting a nearby park after dinner when they encountered the accused, Laxman , Om Prakash , Vijay , and Deepak , standing near the gate of the park. Laxman called them over and, when PW-3 inquired about the matter, he was slapped by him. Thereafter, Om Prakash joined in, and they began beating PW-3. PW-2 and Amit attempted to intervene, during which Deepak and Vijay fought with PW-2 and Amit, while Laxman and Om Prakash continued attacking PW-3. Laxman struck PW-3 on the head with a stone, causing serious injury, and Deepak inflicted internal and leg injuries on PW-2. PW-2 managed to escape and called the police, but the accused fled. PW-3 was subsequently
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found lying injured and unconscious near a drain and was taken to the hospital, where he remained in the ICU for seven days. A sum of Rs.3,50,000/- was spent on treating PW-3. PW-3, Rahul , deposed along similar lines, corroborating the account of PW-2.
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aged about 36 years, stated to be the sole breadwinner of his family, which comprises of his wife and 2 children. Learned counsel for the appellants- Vijay Singh and Laxman submits, on instructions, that the appellants undertake to deposit the fine within 4 weeks.
Keeping in view the facts and circumstances noted hereinabove, the substantive sentences of the appellants in the present appeals are hereby modified to the periods already undergone by them. The sentence of fine however, shall remain as it is. The appellants- Vijay Singh and Laxman shall pay the compensation imposed upon them within a period of 4 weeks before the Trial Court, failing which they will undergo the default sentence. The receipt be furnished with the I.O.
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MANOJ KUMAR OHRI, J
OCTOBER 14, 2025 na
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 11:55:16
2 issues framed by the court
Whether the appellants seeking premature release on sentence during pendency of appeal should be granted relief.
Whether to modify substantive sentence to period already undergone while maintaining fine liability.
2 provisions across 2 enactments
Deepak Rathi
Vijay Singh @ Kala
Laxman @ Kali
State (NCT) of Delhi
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
