Delhi District Court
State vs 1. Sunil Gulia on 28 July, 2009
IN THE COURT OF SH. RAKESH KUMAR
ADDL. SESSIONS JUDGE04 (NORTH) : DELHI
SC No.86/08
FIR No.114/08
PS Maurice Nagar
U/s 308/452/34 IPC
State Versus 1. Sunil Gulia
S/o Sh. Yashpal Singh Gulia
R/o HNo.770, B/29, Tilak Nagar,
Rohtak, Haryana.
2. Deepak Dahiya
S/o Sh. Kartar Singh Dahiya
R/o Vill. + Post - Thana Kalan,
PS - Kharkhouda,
Distt. Sonipat, Haryana.
Date of Institution of suit : 16.12.2008
Date on which arguments heard : 28.07.2009
Date of pronouncement of judgment : 28.07.2009
J U D G M E N T
1. The above named accused persons were booked by SHO PS Maurice Nagar Under Section 308/452/34 IPC with the allegations that on 21.08.2008 at about 2.00 PM at room no.37 of Ramjas College Hostel, Delhi University, both the aforesaid accused persons in furtherance of their common intention committed house trespass by entering into the State Vs. Sunil Gulia etc. Page no. 1 of pages 11 room of the complainant Anupam Aditya and his friend Om Prakash, having made preparation for causing hurt and also restrained complainant and his friend by putting them into fear of simple injuries on the person of complainant and also caused simple injuries on the head of the complainant with the iron rod with the intention and knowledge that under the circumstances, the death of complainant would have caused.
2. FACTUAL MATRIX: It is the case of the prosecution that an information regarding quarrel was recorded vide DD No.24A, at PS Maurice Nagar by HC Nadir Khan and the same was entrusted to SI Amit Kumar for investigation, who alongwith Ct. Gopal took the injured/complainant (who himself came to the police station Maurice Nagar with the help of his friend) to the Hindu Rao Hospital where MLC of the injured Anupam Aditya was conducted by the IO in which the alleged history of assault with rod injury u/o blunt was found and on declaring fit for statement, IO recorded statement of injured/complainant Anupam Aditya in which he confirmed that the aforesaid accused persons had entered into a quarrel with them and caused the aforesaid injuries with the iron rod and also State Vs. Sunil Gulia etc. Page no. 2 of pages 11 gave fist and leg blows to them. As a result he sustained injuries. On raising alarm by his friend Om Prakash, both the accused persons fled away and since the blood was oozing from his head, he was taken to the nearby Nursing Home, where he was given first aid and then the injured/ complainant with the help of his friend went to the Police Station Maurice Nagar from where he was taken to Hindu Rao Hospital. Upon the statement of the complainant IO prepared rukka and got the FIR registered while sending Ct. Gopal to PS Maurice Nagar. Thereafter, further investigation was initiated and the site was inspected at the instance of complainant and site plan was prepared, then from the spot he obtained blood soaked pillow and cover (Khole) and seized the same. Thereafter, the statements of eye witnesses namely Sh. Naveen Tiwari and Sh. Anand Chaturvedi were recorded. Thereafter, the statements of witnesses Om Prakash and Ct. Gopal were also recorded. The accused Deepak Dahiya was apprehended at the instance of complainant, a search for weapon of offence, i.e. iron rod was made and the same was recovered at the instance of accused Deepak Dahiya. Thereafter, on 20.09.2008, he was produced before Ld. MM, where other accused Sunil Gulia also surrendered himself before the court and he was arrested in State Vs. Sunil Gulia etc. Page no. 3 of pages 11 this case. Then, the result on the MLC of injured was obtained and on finding sufficient evidence, charge sheet was filed against accused persons.
3. Since the offence alleged against the accused persons was exclusively triable by the court of sessions, so after supplying copies etc., the case was committed to Sessions and by way of assignment the case was received in this court.
4. After hearing the rival submissions of both the sides, a charge U/s 308/45234 IPC was framed against the accused persons to which they pleaded "not guilty" and claimed trial. Thereafter the case was fixed for prosecution evidence.
5. Till today the prosecution has already examined three witnesses namely PW1 Anupam Aditya (the injured/complainant), PW2 Anand Chaturvedi and PW3 Om Prakash and today the statement of one more public witness namely PW4 Naveen Tiwari was recorded. Thus, so far the prosecution has examined all the material eye witnesses of the incident and none of them has supported the story of prosecution.
6. PW1 Anupam Aditya, is the injured and the star witness of prosecution, who in his testimony while resiling from his previous State Vs. Sunil Gulia etc. Page no. 4 of pages 11 statement recorded by the police, has claimed that on 21.08.2008 he was standing outside the hostel gate of Ramjas College at about 12.30 p.m., where 3/4 boys came and one out of them suddenly attacked on him, as a result he sustained injuries on his head and felt unconscious but none of the accused persons are amongst those assailants. Though, he stated that he could identify those boys but he stated that the accused are not amongst them.
Although, the witness was permitted to cross examine by Ld. Addl. PP for the State by declaring hostile, but even during the said cross examination, he did not change and as such nothing material could be brought against the accused persons. Although, the entire contents of his statement Ex.PW1/A recorded U/s 161 Cr.P.C. was read over to him but he flatly denied of having made such statement to the police. He specifically denied that on 21.08.2008 at about 1.00 p.m., accused Sunil Guliya started scuffling with Om Prakash or that he also intervened or that they were threatened by accused Sunil Guliya that he is already facing trial of 23 cases and he is not bothered about one more case or that accused Sunil Guliya alongwith one Deepak Dahiya, forcibly entered into his room or that at that time accused Sunil Guliya was carrying iron rod in is hand. He further denied that after forcibly State Vs. Sunil Gulia etc. Page no. 5 of pages 11 entering the room accused Deepak Dahiya caught hold of him and accused Sunil Guliya started hitting on the back of his head with the rod or that he fell down or that both the accused persons started hitting him with the blows and punches or due to which he sustained injuries. He also denied that on raising noise by his friend Om Prakash, both the accused persons had made to run away from the room or that the blood was oozing from his head and he was admitted to the hospital. He further denied that he had lodged the report Ex.PW1/A with the police mentioning these facts and also alleged that the injuries were caused by accused Sunil Guliya and Deepak Dahiya with the rod. He could not tell as to whether any of his TShirt which were smeared with the blood were seized by the police. He claimed that after the incident he never met with the police nor any of his statement was recorded. He also denied that on 19.09.2008 he had gone to the police station and informed the IO that accused Deepak Dahiya was present in the hostel or that he accompanied the HC Makkhan to the hostel or the accused Deepak Dahiya was apprehended from the mess of hostel and on his identification he was apprehended or that on seeing the police party, accused Deepak Dahiya tried to skip from the hostel or that on the pointing out of accused Deepak Dahiya, one rod was recovered from the State Vs. Sunil Gulia etc. Page no. 6 of pages 11 right side wall of the hostel or that any rod was seized by the IO in his presence. He also denied that he had handed over any of his TShirts to the police. He could not identify the case property i.e. iron rod to be same with which he was hit by the accused or which was seized at the instance of accused Deepak Dahiya in his presence. He also could not identify the TShirt coloured blue gray to be the same, worn by the witness at the time of incident.
7. PW2 Anand Chaturvedi, a public witness and one of the friends of injured/complainant, who in his testimony has deposed that he is not aware of the exact date of incident but it was in the month of August. On receipt of a telephonic message, he alongwith his friend Naveen went to Hindu Rao Hospital and met with his friend Anupam, who was admitted due to injuries, where the police wrote down their names and addresses and then they returned back. He claimed that he does not know anything else about the facts of this case.
This witness was also cross examined by the prosecution but nothing fruitful could be brought out from the mouth of the witness. He disowned the statement Ex.PW2/A allegedly recorded by the police. He denied of having stated to the police that on 21.08.2008 he had gone to meet his friend Anupam alongwith his friend Naveen at about 2.00 p.m. State Vs. Sunil Gulia etc. Page no. 7 of pages 11 at Ramjas College Hostel or that he had seen the accused Sunil and Deepak Dahiya were also entering the hostel or that when they reached at the room of Anupam, they had seen that accused Sunil Guliya and Deepak Dahiya were in the room and Sunil Dahiya was carrying rod and were entering the room. He also denied of having stated to the police that after entering the room of Anupam, Deepak Dahiya had caught hold of Anupam and Sunil Guliya had hit with the rod on the back side on the head of Anupam and due to which Anupam fell down or that after Anupam fell down Sunil and Deepak were continued with hitting him with the fists and punches. He also denied that Om Prakash, who was also present in the room had raised the alarm, on which both the accused, had made to run away with the rod from the room. He also denied of having stated to the police that they remained in the room of Anupam and waited for him or that he met with the police in the room of Anupam and his statement was recorded there itself.
8. PW3 Om Prakash has also not supported the story of prosecution. He was also cross examined by the prosecution but it was proved to be a futile exercise as nothing incriminating could be taken out from his mouth by the prosecution. He claimed that on 21.08.2008 at 12.30 p.m., State Vs. Sunil Gulia etc. Page no. 8 of pages 11 he was standing outside the hostel gate of Ramjas College. On that day he had gone to said college in connection of some official work. There was a noise that somebody had sustained injuries and he found that his friend Anupam Aditya had sustained injuries. He alongwith his friends had removed him to Nulife Hospital at Kingsway Camp, where he was given the first aid treatment. Thereafter, the police met him and he informed the police officers orally about the incident and then he went away. He did not tell anything else except the aforesaid. He also stated that he does not know the accused persons nor he had seen them before at any time.
The contents of the statement Ex.PW3/A recorded by the police U/s 161 Cr.P.C. was put to him but he flatly denied of having made any such statement to the police.
9. PW4 Naveen Tewari, is also one of the public witnesses, who in his deposition could tell the date and month of the incident but stated that probably it was in the year 2008. He was a student of IIIrd year of B.Sc. (Physics Hons.) Ramjas College. He was sitting in his room at the said address and he was informed that one of his friends Anupam Aditya had sustained injuries and he was taken to the hospital. He reached at Hindu Rao Hospital to see him, where he saw him in injured State Vs. Sunil Gulia etc. Page no. 9 of pages 11 condition but since he was alongwith the police officers, so he could not got near to him. Except this, he could not tell anything else about this case. He could not tell as to how Anupam sustained injuries or who were the assailants.
This witness was also declared hostile by the Ld. APP for the State and he was cross examined at a great length but nothing material could be brought on record against the accused persons. He also disowned the contents of the statement Ex.PW4/A allegedly recorded by the police u/s 161 Cr. P. C.
10. In this case by now, the prosecution has examined as many as four witnesses out of thirteen cited witnesses. The witnesses examined are the star witnesses being the material eye witnesses/injured but non of them have supported the story of prosecution. Although, they all were declared hostile witnesses and cross examined at a great length by the prosecution but nothing incriminating could be taken out from them against the accused persons. None of them has identified any of the accused persons as the persons amongst the assailants. The remaining witnesses are police official/ formal witnesses and no fruitful purpose will be served by examining them in the court in the event when the star witnesses have already turned hostile. In these circumstances, the State Vs. Sunil Gulia etc. Page no. 10 of pages 11 prosecution evidence was closed vide the order of even date. Since nothing incriminating against the accused persons have been brought on record, so statements of accused persons u/s 313 Cr.P.C. were also dispensed with.
11. I have heard the submissions of Ld. Addl. PP for the State and Ld. counsel for the accused persons and have perused the record.
12. In the instant case there are thirteen witnesses cited by the prosecution and amongst them PW1, PW2, PW3 & PW4 are the material witnesses but unfortunately all of them have turned hostile and they have not supported the case of the prosecution at all. In these circumstances, I have no option but to acquit the accused persons of the charges levelled against them. Both the accused persons stand acquitted accordingly. Their bail bonds are also discharged.
13. File be consigned to Record Room after completion of necessary formalities.
(Announced in the open (RAKESH KUMAR) court today on 28.07.2009) ASJ04 (NORTH)/DELHI State Vs. Sunil Gulia etc. Page no. 11 of pages 11