Delhi High Court modifies conviction and sentence in stabbing case
Justice Manoj Kumar Ohri [04-07-2024]

Read Order: RINKU SAINI v. STATE NCT OF DELHI [DEL HC - CRL.A. 550/2024 & CRL. M.(BAIL) 1055/2024]

LE Correspondent

New Delhi, July 8, 2024: The Delhi High Court has modified the conviction and sentence of a man who was previously convicted under Section 307/34 (attempt to murder and common intention) of the Indian Penal Code (IPC) for his involvement in a stabbing incident, to Section 323 IPC (voluntarily causing hurt).

The case, registered as FIR No.94/2014 at Sunlight Colony Police Station, New Delhi, involved an altercation between the complainant's husband and a group of boys, resulting in the husband being stabbed by one of the accused, Sunil Kumar.

The High Court, presided by Justice Manoj Kumar Ohri, heard the appeal filed by Rinku Saini against the judgment of conviction and order on sentence passed by the trial court on March 30, 2024. The trial court had sentenced Saini to two years of rigorous imprisonment and a fine of Rs.30,000/-. During the appeal, the court found that while Saini's presence at the spot and his role of catching hold of the injured person were proven, there was no evidence to suggest that he shared a common intention with the co-accused, Sunil Kumar, who inflicted the stab wound. The court also noted that there was no premeditation or knowledge on Saini's part regarding the knife carried by Sunil Kumar.

Considering these factors, the High Court set aside Saini's conviction under Section 307/34 IPC and modified it to Section 323 IPC (voluntarily causing hurt). The court also modified Saini's sentence to the period already undergone, which amounted to six months and seven days as of June 4, 2024.

The High Court directed the concerned Jail Superintendent and the Trial Court to be informed about the judgment. The appeal, along with the pending application, was disposed of accordingly.