Delhi District Court
State vs . Pawan Sharma & Others on 18 May, 2016
IN THE COURT OF SH. GAURAV GUPTA, METROPOLITAN MAGISTRATE04,
SOUTH DISTRICT, NEW DELHI
STATE VS. Pawan Sharma & Others
FIR NO: 340/08
P. S Sangam Vihar
U/s 323/325/506II/34 IPC
JUDGMENT
Sl. No. of the case : 2176/2
Date of its institution : 04.06.2009
Name of the complainant : Jitender Sharma, S/o Sh. Hriday
Ram, R/o VillageChandauli, Teh.
Ballabhgar, Faridabad, Haryana.
Date of Commission of offence : 23.02.2008
Name of the accused persons namely : (i) Pawan Sharma, S/o Late Sh.
Satpal Sharma
(ii) Yogesh Sharma, S/o Late Sh.
Satvir Sharma (proceedings
abated vide order dated
17.03.2015),
(iii) Sarita Sharma, W/o Sh.
Yogesh
(iv) Sheetal, W/o Late Sh. Satvir
(proceedings abated vide order
dated 28.10.2013),
(v) Mahaviri Devi, W/o Late Sh.
Satpal
Offence complained of : 323/506II/325/34 IPC
FIR no. 340/08 State Vs. Pawan & Others 1/4
Plea of accused : Not Guilty
Case reserved for orders : 18.05.2016
Final Order : Acquittal
Date of orders : 18.05.2016
BRIEF STATEMENT OF FACTS FOR THE DECISION:
1. This is a case prosecuted by the State against the accused persons for having committed an offence punishable under sections 323/325/506II/34 Indian Penal Code (herein after referred to as "IPC").
2. Succinctly stated, the case of the prosecution is that on 23.02.2008, at unknown time, at H. No. F26, Gali no. 3, Pul Prahlad Pur, New Delhi, the accused persons gave beatings to one Aakash due to which he suffered simple injuries and all the accused persons also threatened to kill him. Further, on 25.02.2008 at unknown time at the above said address, all the accused persons in furtherance of their common intention beat up one Hriday Ram using iron rods and wooden sticks as a result of which Hriday Ram suffered grievous injuries.
3. After completing the formalities, investigation was carried out by PS Sangam Vihar and a charge sheet was filed against the accused persons. During the pendency of the proceedings, accused Sheetal Sharma passed away and proceedings against her stood abated vide order dated 28.10.2013. Charges were framed against the accused persons u/s 323/325/506II/34 IPC, to which they pleaded not guilty and claimed trial.
FIR no. 340/08 State Vs. Pawan & Others 2/4
4. While the matter was pending at the stage of prosecution evidence accused Yogesh Sharma also passed away and proceedings against him stood abated vide order dated 17.03.2015. In order to substantiate its case, prosecution examined only one witness namely HC Chittar Mal, as PW1, witness proved the site plan as Ex. PW1/A. He was not cross examined by Ld. Counsel for the accused persons.
5. Vide order dated 18.05.2016, this court observed that complainant Jitender as well as both the injured Aakash and Hriday Ram were not traceable and all three of them were dropped from the list of witnesses. All the other remaining witnesses were formal in nature and no purpose would have been served by examining them. Hence the prosecution evidence was closed.
6. Since nothing incriminating had come on record against the accused persons, SA was also dispensed with. Final arguments were advanced by Ld. APP for the State as well as Ld. Defence Counsel.
7. The case of the prosecution is that all the accused persons had beat up injured Aakash and Hriday Ram on two separate occasions and also caused injuries to them. The prosecution had cited three public witnesses including the complainant and both the injured persons. However, since all three of them were not traceable their evidence could not be recorded. In the absence of testimony of above three witnesses, nothing incriminating came on record against any of the accused persons. There is no evidence on record to establish the guilt of the accused persons.
8. Accordingly, accused persons namely Pawan Sharmam, Sarita Sharma and Mahaviri Devi are acquitted of the offence Under Section 323/325/506II/34 IPC.
FIR no. 340/08 State Vs. Pawan & Others 3/4 They be set at liberty. Bail bonds U/s 437 A of Cr.PC be furnished. Announced in the open court (Gaurav Gupta) on 18.05.2016 Metropolitan Magistrate04, South, New Delhi It is certified that this judgment contains 4 pages and each page bears my signatures.
(Gaurav Gupta)
MM04, South, New Delhi/ 18.05.2016
FIR no. 340/08 State Vs. Pawan & Others 4/4