Delhi District Court
State vs . Ashok Kumar Etc. on 16 April, 2015
IN THE COURT OF SH. VIKRAM, MM03, SOUTH WEST DISTRICT,
DWARKA COURTS, DELHI.
FIR No. : 119/07
U/s : 323/341/34 IPC
P.S. : J.P. Kalan
State Vs. Ashok Kumar etc.
JUDGMENT:
a) Sl. No. of the Case : 141/2
b) Name & address of the : Smt. Rajwati W/o Sh. Devender Kumar
complainant. R/o Village Pandwala Khurd, Delhi.
c) Name & address of : 1.) Ashok Kumar S/o Bakhtawar Singh
accused 2.) Jai Bhagwan S/o Ram Kishan
3.) Rajender Singh S/o Mangal Singh
4.) Smt. Maya Devi W/o Suresh Kumar
All R/o Village Pandwala Khurd, Delhi.
d) Date of Commission of : 18.07.2007
offence
e) Offence complained off : U/s 323/341/34 IPC
f) Plea of the accused : Pleaded not guilty.
g) Final Order : Acquitted
h) Date of such order : 16.04.2015
Date of Institution : 09.10.2007
Final arguments concluded on : 16.04.2015
Judgment Pronounced on : 16.04.2015
BRIEF STATEMENT OF REASONS FOR DECISION:
FIR No: 119/07 state v. ashok kumar etc. Page No.1/7
1. Briefly stated, the case of the prosecution is that the present case has been registered on the basis of complaint of complainant Smt. Rajwati wherein she stated that she is the resident of Village Pandwala Khurd, New Delhi and adjacent to their house there is a plot of Ashok Kumar and in between their house and plot of Ashok Kumar there is one Nala. On 18.07.2007 at about 8:30 pm when she was working at her house, accused Ashok Kumar and Jai Bhagwan came at their plot and started abusing her stating that why this wall has been demolished on which she came out of her house and reached near Nala and both of them stopped her and started quarreling and fighting with her. At the same time, Smt. Maya and Rajender who belong to her village came there and Maya pulled the complainant down and all four of them started beating her with fist and leg blows and on raising noise by her all the four accused persons ran away from there. Thereafter she came to the PS JP Kalan and got herself medically examined from RTRM Hospital. On the basis of this complaint, present FIR was registered against the accused persons.
2. On the basis of investigation carried out by the police challan was filed in the Court and copies of the same were supplied to the accused persons to their satisfaction.
3. On the basis of the challan, charge for committing the offence punishable under Section 341/323/34 IPC was framed against the accused persons on 14.08.2008, to which they pleaded not guilty and claimed trial.
4. In support of its case prosecution examined six witnesses.
FIR No: 119/07 state v. ashok kumar etc. Page No.2/7PW1 HC Dilbag Singh is Duty Officer who recorded the FIR Ex. PW1/A. PW2 Devender Kumar is the husband of complainant who deposed that on 18.07.2007 there was a quarrel between his wife Rajwati and the accused party i.e. Ashok Kumar, Jai Bhagwan (since expired), Rajender Singh and Maya Devi. He further deposed that there is a plot of accused Ashok Kumar adjacent to his house and between the plot and his house there is one waste water Nala. He further deposed that there is wall on the plot of the accused and whenever one or two bricks falls in the waste water, it got blocked and the accused persons started blaming them for the same and also picked quarrel with his wife and used abusive language with them. He further deposed that on 18.07.2007, on the same pretext, all the accused Ashok Kumar, Jai Bhagwan (since expired), Rajender Singh and Maya Devi gave beatings to his wife and his wife went to the PS on that day and she was medically examined at RTRM Hospital, Jafarpur. He further deposed that he was on duty on 18.07.2007 and when he returned after his duty his wife apprised him about the incident. He further deposed that on 20.07.2007 he along with his wife went to PS JP Kalan and statement of his wife was recorded and his statement was also recorded by the IO. PW3 Smt. Rajwati deposed that adjacent to her house there is waste water Nala and adjacent to the Nala there is a government land which has been illegally encroached by Ashok Kumar. The date was 18th and it is about five years back when the incident happened. On that day at about 8 am she was working at her house. She was tying her cattle outside her house adjacent to the Nala. The time was FIR No: 119/07 state v. ashok kumar etc. Page No.3/7 between 8 to 8:30 am, accused Ashok Kumar and Jai Bhagwan (since expired) came at the plot adjacent to the Nala and started abusing her. In the meantime Smt. Maya and Rajender also came there and they all crossed towards her house and gave beatings to her. She further deposed that police came at the spot and she was taken to the PS but nothing was done by the police. She further deposed that on next day, on 19.07.2007, her husband received information that they were called at the PS and on 20.07.2007, she along with her husband went to the PS and her statement was recorded by the police on the basis of which present case was registered. PW4 Ashwani was posted as constable and joined the investigation of this case with IO. PW5 HC Rajbir Singh is the IO of this case and deposed that on 15.07.2007, on receipt of DD No.7A regarding quarrel, he went to Village Pandwala Khurd where Smt. Rajwati and Ashok Kumar met him. No statement was given by them. He further deposed that on 17.07.2007, both the parties had submitted written compromise at the PS. He further deposed that on 18.07.2007, there was a quarrel again between both the parties and Smt. Rajwati came at the PS and demanded for her medical examination. She was medically examined at RTRM Hospital but did not give any statement. He further deposed that on 20.07.2007 Smt. Rajwati along with her husband Devender Kumar came at the PS and PW5 recorded her statement Ex. PW3/A and he made his endorsement on the statement Ex. PW3/A and got the present case registered. He further deposed that he along with Smt. Rajwati and her husband Devender Kumar went to Village Pandwala Khurd and FIR No: 119/07 state v. ashok kumar etc. Page No.4/7 he prepared the site plan at the instance of complainant Smt. Rajwati, same is Ex. PW5/A. He further deposed that he recorded the statement of Rajwati and Devender and thereafter, they went to the house of accused persons but they could not be found there. Thereafter, at the house of Ashok, his mother Phoolwati met them and she was informed that a case has been registered against them and they have to come at the PS. He further deposed that on 21.07.2007, he along with DHG Ct. Ashwani went to the house of accused persons at Pandwala Village where accused Ashok Kumar, Rajender Singh, Jai Bhagwan and Smt. Maya Devi met them and the accused persons namely Ashok Kumar, Rajender Singh, Jai Bhagwan and Smt. Maya Devi were informed about the case against them and were arrested vide arrest memo Ex. PW4/A, PW4/B, Ex. PW4/C and Ex. PW5/B. Personal search of the accused Ashok Kumar, Rajender Singh and Jai Bhagwan was carried out vide memo Ex. PW4/D, Ex. PW4/E and Ex. PW4/F. Personal search of accused Smt. Maya Devi was carried out by Smt. Phoolwati and he prepared the personal search memo Ex. PW5/C. Another witness namely Ct. Chand Ram was also examined as PW5 who proved the DD No.7A Ex. PW5/A.
5. After completion of prosecution evidence, statement of accused persons under Section 313 Cr.P.C recorded wherein they denied all the incriminating evidence against them and stated that they are innocent and have been falsely implicated in this case. It is further stated that a case against the complainant and her husband vide FIR No.117/07 has been filed and just because complainant's FIR No: 119/07 state v. ashok kumar etc. Page No.5/7 husband is working in Delhi Police, they have been falsely implicated in this case.
6. I have heard the counsel for the accused and Ld. APP for the State as well as perused the material and evidence on record.
7. PW2 and PW3 are the only public witnesses in this case. What PW2 has deposed is entirely hearsay as he has himself stated in his examination that on 18.07.2007 i.e on the date of incident, he was on duty and whatever he deposed in chief was told to him by his wife. PW3 is the complainant who deposed about the incident of 18.07.2007. Before appreciating the evidence of PW3 it is necessary to record here that the parties are at long litigation. This fact has been revealed in the cross examination of PW2 as well as PW3. Not only this the cross examination of public witnesses also reveal that they even tried to compromise the earlier matter before police and the complainant party withdrew from performing his part. Under this background, it is highly unacceptable and unbelievable that PW3 with whom this incident had occurred on 18.07.2007 would wait for two days before filing the complaint to the police. This delay is not explained by the prosecution. Further, the husband of PW3 ie. PW2 himself was serving in Delhi Police, even he could not ensure the prompt complaint to the police. Delay of two days in filing the complaint is sufficient to doubt the credibility of witnesses. It is needless to record here that there is no MLC of PW3 dated 18.07.2007 on record. Only medical evidence produced by the prosecution is the medical examination report of PW3. Even this document is not proved by prosecution by summoning any FIR No: 119/07 state v. ashok kumar etc. Page No.6/7 witness.
8. In view of my aforesaid discussion, I am of the considered opinion that the prosecution has miserably failed to prove its case against the accused persons beyond reasonable doubt and accordingly the accused are acquitted of the charges levelled against them.
Dictated & Announced in Open Court (Vikram)
On the 16th day of April, 2015 MM03/SouthWest/Delhi
16.04.2015
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