The Delhi High Court has upheld the conviction and seven-year prison sentence imposed on five men for culpable homicide not amounting to murder in connection with the death of 22-year-old Monish during the February 2020 North-East Delhi riots. Justice Madhu Jain dismissed their appeals on October 27, 2026, holding that the evidence established their involvement in an armed unlawful assembly that pursued and assaulted the deceased.
Background
The incident occurred on February 25, 2020, near Gali No. 3, Brijpuri, close to Peer Baba Mazar in Chand Bagh. According to the prosecution, a mob chased and assaulted Monish, who was subsequently taken to Guru Teg Bahadur Hospital, where he died. The post-mortem report attributed his death to shock caused by brain injuries resulting from blunt-force impact.
The prosecution alleged that Aman Kashyap, Devinder Kumar, Pradeep Rai, Ashish alias Goli and Arun Kumar were among those leading the mob. The trial court convicted them on November 30, 2024, under Sections 148 and 304 Part I read with Section 149 of the Indian Penal Code (IPC). On January 13, 2025, they were sentenced to one year of simple imprisonment for rioting while armed with a deadly weapon and seven years of rigorous imprisonment, along with a fine of Rs. 30,000, for culpable homicide not amounting to murder. The substantive sentences were directed to run concurrently.
Arguments Before the High Court
The appellants challenged the conviction, pointing to inconsistencies in eyewitness accounts, delays in recording police witnesses' statements, the absence of a test identification parade, and alleged shortcomings in the investigation.
The High Court examined the testimony of police constable , who stated that he knew the appellants from his duties in the locality before the incident. The Court also considered the accounts of Head Constable and Constable , who corroborated key aspects of the pursuit, assault and police intervention.
Rejecting the argument that police testimony should be viewed with suspicion merely because of the witnesses' official positions, the Court observed:
"Their official status, therefore, cannot constitute an independent ground."
The Court assessed the witnesses' accounts alongside the duty records and other evidence concerning the incident.
Court's Observations
After examining the evidence, the High Court considered the medical findings, eyewitness accounts and the circumstances surrounding the assault. It noted that the central questions concerned the appellants' identification, participation and criminal liability for Monish’s death.
The Court observed that the evidence had to be assessed collectively rather than by isolating individual discrepancies. It also considered the legal principle governing members of an unlawful assembly, under which liability may arise when an offence is committed in pursuit of the assembly's common object or is known to be likely to occur in pursuit of that object.
The judgment emphasised that the conclusion had to rest on established circumstances, stating: "The conclusion must rest upon these proved circumstances, rather than upon the mere occurrence of death."
Final Decision
On October 27, 2026, the High Court dismissed all five criminal appeals and upheld the trial court's judgment of conviction dated November 30, 2024, and sentencing order dated January 13, 2025, insofar as the appellants were concerned. It also directed that a copy of the judgment, along with the trial court record, be sent to the concerned Jail Superintendent and trial court for information and necessary compliance.
Case Title: Aman Kashyap v. State of NCT of Delhi and connected matters
