Delhi District Court
State vs Madan Gopal on 12 February, 2025
S.C. No. 282/2024 "State Vs. Madan Gopal"
IN THE COURT OF SH. GAUTAM MANAN
ADDITIONAL SESSIONS JUDGE- 09
WEST, TIS HAZARI COURTS, DELHI
In the matter of:
SC No. 282/2024
CNR No. DLWT01-003752-2024
FIR No. 84/2023
Police Station Maya Puri
Under Section 307/34 IPC
State
Versus
Madan Gopal
S/o. Sh. Ranjeet Singh
R/o. RZ-99/3, Gali no. 4
Near Sheetla Mata Mandir,
Khyala, Delhi ...Accused
Date of Institution 29.04.2024
Date of Arguments 12.02.2025
Date of Judgment 12.02.2025
Decision Acquitted
JUDGMENT
1. Accused Madan Gopal is facing trial in present case on allegations that he along with his three associates (CCLs) assaulted the injured Prem with hockey and knife on his head, back side and other parts of body with such an intention or knowledge that if he by his act had caused death of Prem, he would have been guilty of murder.
Judgment Page 1 of 7S.C. No. 282/2024 "State Vs. Madan Gopal"
Brief Facts
2. On 24.04.2023, SI Kapil Beniwal (IO) on receipt of DD No. 66A (Ex.PX-3), along with Ct. Harish reached at Omi Park, Nangal Raya, Near D-2 Block, Janakpuri, Delhi. At the spot a blood stained handkerchief and a T-shirt were found. It was informed that injured was taken to Bhagat Hospital and a suspect was taken to DDU Hospital.
3. IO called the mobile crime team at the spot and went to Bhagat Hospital from where he found that injured Prem was referred to DDU Hospital. IO then went to DDU Hospital and recorded the statement of eye witness/ complainant Ajay Sunar (PW2). His statement Ex PW2/B reads as under: was found under treatment. along with Ct. Davinder went to the addresses of injured mentioned in their MLCs.
"......12वीं कक्षा में पढ़ता हूँ । हम Nangal Raya में 6- 7 लड़के आपस में दोस्त है जिनमें मेरे अताये Rishabh, Jigesh, Aayush, Jishaan, Prem a Mithilesh है जो Prem मेरा छोटा भाई है। जो कु छ दिन पहले हमारे दोस्त Jishaan का Social Media (Instagram) पर Rezwan नाम के लड़के से जो कि डाबडी में कहीं पर रहता है के साथ झगड़ा हुआ था। दो - तीन दिन पहले शाम के वक्त Omi Park, Nangal Raya में Rezwan अपने कु छ दोस्तो को लेकर समझौता करने की बात कह कर आया था लेकिन उसकी नीयत ठीक नहीं थी और उस दिन भी उन लड़को ने एक लड़के को पीटा था तो मेरे भाई Prem ने Rezwan व उसके दोस्तों को कहा कि तुम यहां से चले जाओ यहाँ Park मे अच्छे लोग नहीं है और झगडा बढ़ सकता है Rezwan अपने दोस्तों के साथ वहां से चला गया लेकिन उस दिन वह दोबारा अपने दोस्तों के साथ Jishaan को ढूँढने रात करीब 8 बजे Park में आया था लेकिन उस दिन Jishaan ईद के लिए Nangloi गया हुआ था तो Rezwan अपने दोस्तों के साथ वापस चला गया था। आज दिनांक 24/04/2023 को मैं अपने आई Prem व दोस्त Rishabh, Jigesh, Aayush व Mithilesh के साथ Omi Park Nangal Raya में Mobile Phone पर Judgment Page 2 of 7 S.C. No. 282/2024 "State Vs. Madan Gopal"
PUBG Game खेल रहे थे तो समय करीब 6:30 PM पर Rezwan अपने दोस्तों के साथ Park में आया और आते ही मेरे भाई Prem को मारना पीटना शुरु कर दिया और एक लड़के ने Prem के सिर पर Hockey मारी जिससे Prem नीचे गिर गया । Rezwan व उसके दोस्तों ने Prem को गिरने के बाद भी लात घूसे मारते रहे। मैंने मेरे भाई को बचाने की कोशिश की तो Rezwan के साथ आए लड़कों ने मुझे पकड लिया तभी Rezwan ने अपने एक दोस्त को कहा की ये Prem ऐसे नही मरेगा साले को चाकू मार और उनमें से एक लड़के ने चाकू निकाल कर नीचे गिरे हुए मेरे भाई Prem को चाकू मार दिया जिसके बाद Park में काफी लोग इकट्ठा हो गए और Rezwan व उसके दोस्तों की पिटाई कर दी जिससे वो डर के मारे मौके से भाग गए लेकिन हमने मेरे भाई Prem को Hockey मारने वाले लड़के को पकड लिया। तभी Police भी मौके पर आ गई और उपरोक्त लडके जिसने मेरे भाई Prem के Hockey मारी थी को Police के हवाले कर दिया और Prem को इलाज के लिए Bhagat Hospital Janakpuri लेकर चले गए जहां Bhagat Hospital में Prem को first aid देकर DDU Hospital तो जाने के लिए कहां तभी PCR की गाडी भी Bhagat Hospital आ गई और Prem को Bhagat Hospital से DDU Hospital ले गई और बाद में हम भी DDU Hospital आ गए । DDU Hospital में हमें मेरे भाई Prem व उसको Hockey से मारने वाले लड़के का नाम पता Madan S/o Ranjeet Singh R/o RZ 99/3, Gali No. 4, Shitla Mata Mandir, Dabri, New Delhi मालूम चला है जिसका इलाज चल रहा है। जो Rezwan व Madan उपरोक्त ने अपने दोस्तों के साथ मिलकर मेरे भाई Prem को जान से मारने की नीयत से Hockey व चाकू से मारा है......."
4. On the basis of the statement and MLCs of the injured, FIR (Ex. PX-1) was registered under Section 307/34 IPC. Site plan of the place of occurrence was prepared at the instance of complainant.
5. Accused Madan arrested on the identification of the complainant and his disclosure statement was recorded. Othere co-accused persons were found Children in conflict with law. Statements of relevant witnesses were recorded and accused persons were charge-sheeted to face the trial.
Judgment Page 3 of 7S.C. No. 282/2024 "State Vs. Madan Gopal"
Charge
6. On 10.07.2024, charge for offence punishable under Section 307/34 IPC was framed against accused. He pleaded not guilty and claimed trial.
Prosecution Evidence
7. In all prosecution examined 5 witnesses.
8. Relevant part of deposition of PW1 Prem (injured) reads as under:
"....On 24.04.2023, I along with my elder brother Ajay and friends Rishabh, Jigesh, Ayush and Mithilesh were playing PubG in Omi Park, Nangal Raya.
There Rizwan came with his friends and who started beating us. I sustained injuries in the incident and someone stabbed me with a knife. I was taken to the DDU hospital and was treated there. I do not know the persons who inflicted injury to me and who all were there with Rizwan.
Later on Police arrested some boys, however, I do not know those boys. Accused Madan Gopal (present in the Court, correctly identified) did not inflict any injury on me. ....
9. Examination-in-chief of PW2 Ajay (complainant) reads as under:
...On 24.04.2023 in evening time, Rizwan came with his 2-3 friends to Omi Park, Nangal Raya to have settlement. I along with my elder brother Prem and my friends Rishabh, Jigesh, Ayush and Mithilesh were playing PubG in Omi Park, Nangal Raya. There Rizwan came with his friends and who started beating us. My brother Prem sustained injuries in the incident and someone stabbed him with a knife. He was taken to the DDU hospital and was treated there. I do not know the persons who inflicted injury to my brother and who all were there with Rizwan.Judgment Page 4 of 7
S.C. No. 282/2024 "State Vs. Madan Gopal"
Later on Police arrested some boys, however, I do not know those boys. Accused Madan Gopal (present in the Court, correctly identified) did not inflict any injury on my brother Prem......
10.Eye witnesses PW3 Rishabh and PW4 Jigesh also deposed that at relevant time one Rizwan came with his friends and started beating Prem with hockey. Due to which Prem sustained injuries and one of associate of Rizwan stabbed Prem with a knife. Both of them deposed that they do not know the persons who inflicted injury to Prem.
11. PW5 Jishan deposed that Rizwan sent a warning post on his his insta ID from his insta ID and Rizwan commented by using abusive words on his Instagram ID __Sheikh__Zeeshan). PW5 deposed that a hot altercation took place between him and Rizwan on Instagram and then on 24.04.2023, friends of Jishan told him that Rizwan and his associates stabbed Prem. He went to PS and handed over screenshots of instagram chats between him and Rizwan.
12.During their testimony, injured Prem (PW-1), complainant Ajay (PW2) and other two eye witnesses Rishabh and Jigesh (PW3 & 4) failed to support the prosecution story and failed to identify accused as the persons involved in the incident. In their cross-examination by learned Addl. PP, nothing incriminating came against the accused persons. All of them, witnessto identify accused Madan Gopal as assailant who inflicted injury on Prem.
Judgment Page 5 of 7S.C. No. 282/2024 "State Vs. Madan Gopal"
13.In his statement recorded under section 294 Cr.P.C, accused admitted FIR as Ex. PX-1, a certificate U/s 65B Indian Evidence Act in support of computerized record of FIR as Ex. PX-2, GD No. 66A dated 24.04.2023 as Ex. PX-3, MLCs of injured Prem dated 24.04.2023 as Ex. PX-4 & 5 and Crime Team Report given by Crime Team In-Charge SI Rajender Prasad as Ex. PX-6. .
14.In absence of incriminating evidence against the accused persons, recording of their statements under Section 313 Cr.PC was dispensed with.
15.I have heard Ld. Addl. PP for the State and learned counsel for the accused persons.
Appreciation of Evidence
16.Entire case of the prosecution hinges upon testimony of PW1/injured Prem, complainant Ajay (PW2) and other two eye witnesses Rishabh and Jigesh (PW3 & 4). As per prosecution version, Prem was assaulted with hockey stick and stabbed with a knife by accused Madan and other co- accused persons (CCLs) however all of them deposed that accused did not inflict any injury to Prem.
17.Injured and eye witnesses categorically deposed that Rizwan and some unknown assailants came and assaulted Prem and they denied the role of accused Madan in the incident. Analysis of the testimony of PW-1 to PW-4 reveals that despite cross-examinations conducted by Ld. Addl. PP for the State, they failed to corroborate the Judgment Page 6 of 7 S.C. No. 282/2024 "State Vs. Madan Gopal"
version of prosecution on the role assigned to accused Madan Gopal in the incident. PW5Jishan is merely a hearsay witness and he also did not depose anything against accused.
18.Testimony prosecution witnesses reflects that the identity of accused as assailant is not established. In the light of testimonies of injured, complainant and two eye witnesses, which is exonerating accused, it is held that prosecution has failed to establish charge against accused. Accordingly, accused Madan Gopal acquitted of the charges under Sections 307/34 IPC. He is directed to furnish bail bonds under Section 437-A Cr.P.C in the sum of Rs.10,000/- with surety in the like amount. File be consigned to Record Room. Digitally signed Announced in the open court on 12th February, 2025.
by GAUTAM
MANAN
GAUTAM Date:
MANAN 2025.02.13
12:37:10
+0530
(Gautam Manan)
Addl. Sessions Judge-09/West,
Tis Hazari Courts, Delhi.
Judgment Page 7 of 7