Delhi District Court
State vs . Dharmesh Sirohi Etc. on 2 November, 2012
FIR No:712/2003
State Vs. Dharmesh Sirohi etc.
IN THE COURT OF Dr. JAGMINDER SINGH: METROPOLITAN
MAGISTRATE, DWARKA COURTS, NEW DELHI
FIR No. 712/2003
PS: Dabri
U/s 341/323/34 IPC
State V. Dharmesh Sirohi etc.
Date of institution of the case : 19.04.2004
Date on which Judgment was reserved : Not Reserved
JUDGMENT
a) S. No. of the case : 1472/2
b) Date of commission of offence : 22.09.2003
c) Name of the Complainant : Ramandeep Singh @
Ram S/o Sh.Roop Singh
R/o WZ-3A, Naraina
Village, New Delhi.
d) Name of accused and address : 1). Dharmesh Sirohi
S/o Sh. Ranbir Singh
2). Umesh Sirohi
S/o Sh. Ranbir Singh
Both Resident of:
RZ-B1/38, Mahavir
Enclave, New Delhi.
FIR No:712/2003
State Vs. Dharmesh Sirohi etc.
e) Offence complained of : U/s 341/323/34 IPC
f) Plea of accused : Pleaded not guilty
g) Final order : Acquitted.
h) Date of such order : 02.11.2012.
BRIEF STATEMENT OF THE REASONS FOR THE DECISION :-
1. The present case was registered against the accused on the complaint of Complainant Sh. Ramandeep Singh. In brief the allegations leveled by the complainant against both accused persons are that on 22.09.2003 at about 7:30 pm at the shop Sirohi Electonics, Dabri Palam Road, Mahavir Enclave both accused persons wrongfully restrained the complainant and gave him beatings with legs and fists. At his complaint the present case was registered and after completion of investigation, charge sheet was filed against the accused persons for the offence U/s 341/323/34 IPC.
FIR No:712/2003 State Vs. Dharmesh Sirohi etc.
2. Both the accused persons were summoned and notice was served upon them for the offence u/s 341/323/34 IPC to which they pleaded not guilty and claimed trial.
3. Prosecution has filed list of Seven witnesses and examined only Two witnesses in support of its case.
4. PW-1 ASI Narender is duty officer who recorded FIR on receiving rukka at about 6:30 pm through HC Om Prakash. Copy of same is Ex.PW1/A and his endorsement on rukka is Ex.PW1/B.
5. PW-2 ASI Om Parkash stated that on 23.09.2003 he was present at the PS: Dabri when complainant Ramandeep Singh came there, who was sent to DDU hospital for medical examination with Ct. Hoshiar Singh. He reached the hospital where he found the injured Ramandeep admitted there. The injured did not give the FIR No:712/2003 State Vs. Dharmesh Sirohi etc. statement as he told him that he would give the statement after discharge from the hospital. On 29.09.2003 complainant Ramandeep came to the PS:Dabri and he recorded his statement which is Ex.PW2/A and got the case registered. He prepared the site plan at his instance which is Ex.PW2/B. He collected the MLC and recorded the statement of one public witness. He further stated that on 28.11.2003 he arrested both the accused persons namely Dharmesh Sirohi and Umesh Sirohi vide arrest memo Ex.PW2/C and Ex.PW2/D. He further stated that the process of complainant Ramandeep Singh and Kishan Singh Sandhu were issued to him but they could not be served as they were found untraceable as they were not residing at the given addresses. He send one constable Yogesh at the native village of complainant Ramandeep Singh at Andhra Pradesh and he was also found not residing there as he left the house 3-4 years back.
6. No other witness examined by the prosecution despite FIR No:712/2003 State Vs. Dharmesh Sirohi etc. several opportunities. Therefore P.E. Closed. Statement of both accused persons u/s 281 Cr.P.C recorded in which they denied all the allegation against them and stated that the case of the prosecution is concocted and they were falsely implicated in this case. They further stated that they do not want to lead any evidence in their defence.
7. I have heard the final arguments of both the parties. Ld. APP for the State has argued that the accused persons are actual culprits who inflicted injury to the injured and confined him. The accused persons deserve maximum punishment as per law. On the other hand accused persons stated that they had committed nothing wrong with the complainant. They are facing the trial of false case without any reason since last about 8 years. Therefore, they may be acquitted in the present case. I have gone through the oral and documentary evidence on record.
FIR No:712/2003 State Vs. Dharmesh Sirohi etc.
8. In the present case, there is no eye witness examined by the prosecution. The Complainant himself is not appeared before the court as a witness.
9. The examined witnesses are formal in nature. PW-1 recorded FIR and PW-2 is the investigation officer who reached at the spot when incident already occurred and he completed procedural formalities. The incident took place on 22.09.2003 but FIR was registered on 29.09.2003. IO himself stated that he reached to the complainant in hospital on 23.09.2003 but he refused to give his statement and he got recorded his statement on 29.09.2003. There is no any satisfactory explanation regarding such an unnecessary delay in lodging the FIR. These witnesses are having no direct knowledge about the fact of the commission of offence.
10. There is no any other documentary or circumstantial FIR No:712/2003 State Vs. Dharmesh Sirohi etc. evidence to link the accused with the commission of offence. There is nothing on record by which it can be established that the injury was inflicted on the person of complainant by the accused persons or complainant was confined/restrained by the accused persons.
11. In view the above said discussion, court comes at the conclusion that prosecution failed to establish its case against the accused beyond reasonable doubt due to lack of evidence. Hence, accused persons Dharmesh Sirohi and Umesh Sirohi stands acquitted in case FIR No.712/2003, PS: Dabri. Bail bonds of both accused persons shall remain in force for the period of six month starting from today in accordance with section 437A Cr.P.C as no fresh bail bond furnished by the accused persons. File be consigned to record room after due compliance.
Announced in the open court on this 2nd day of November' 2012 (Dr. JAGMINDER SINGH) This judgment contains 7 pages METROPOLITAN MAGISTRATE which bears my signatures at DWARKA COURTS/DELHI each page.
FIR No:712/2003 State Vs. Dharmesh Sirohi etc. FIR No. 712/2003 PS: Dabri U/s 341/323/34 IPC State V. Dharmesh Sirohi 02.11.2012 Present: Ld. APP for the State.
Both accused on bail.
Final arguments heard today.
Vide separate judgment of even date pronounced and dictated in the open court, both accused persons Dharmesh Sirohi and Umesh Sirohi are acquitted for the offence U/s 341/323/34 IPC in the present case. File be consigned to record room.
(Dr. JAGMINDER SINGH) METROPOLITAN MAGISTRATE DWARKA COURTS/DELHI