Delhi District Court
State vs Anuj on 4 April, 2024
IN THE COURT OF SH. AKASH JAIN
ADDITIONAL SESSIONS JUDGE-04
EAST DISTRICT, KARKARDOOMA COURTS: DELHI
CNR No:- DLET-01-012176-2023
State v. Anuj Etc.
FIR No. : 286/2019
Police Station : Kalyanpuri
Under Section : 308/341/506/34 IPC
(a) Serial number of the case : 837/2023
(b) Name of the complainant : Akash
S/o Sh. Palu
(c) Name of the accused : (1) Anuj
person (s) S/o Sh. Roop Singh
R/o 13/100, Kalyanpuri East
Delhi
(2) Anil
S/o Sh. Prem
R/o 13/70, Kalyanpuri East
Delhi
(3) Sahil
S/o Sh. Ranjeet
R/o 13/217, Kalyanpuri East
Delhi
(4) Monu
S/o Sh. Hansraj
R/o 3/426, Khicripur
Kalyanpuri East, Delhi
(d) Offences complained of : 308/341/506/34 IPC
(e) Plea of the accused : Pleaded not guilty
(f) Date of institution of case : 29.06.2022
(g) Date of final arguments : 04.04.2024
(h) Date of Judgment : 04.04.2024
(i) Final Judgment : All the accused persons are
acquitted AKASH Digitally signed
by AKASH JAIN
JAIN Date: 2024.04.04
17:57:53 +0530
FIR No:- 286/2019 State v. Anuj Etc. Page No. 1 of 8
JUDGMENT
1. In the present case, charge sheet was filed by the State under Sections 308/341/506/34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') against the accused persons namely, Anuj, Anil, Sahil and Monu on 29.06.2022. The case of prosecution, in brief, is that on 06.06.2019 at about 09:30 PM at Super Shine Chowk, East Vinod Nagar, Near Gym, Near Bhati Chowk, Near Mandir, Delhi all the accused persons in furtherance of their common intention assaulted and restrained complainant Akash @ Golu and caused injuries on back side of his head near neck with a knife with such intention or knowledge and under such circumstances that if by that act caused death of Akash @ Golu, all accused would be guilty of culpable homicide not amounting to murder. It is further alleged that all accused persons in furtherance of their common intention also threatened to kill the complainant and his family members.
2. As per the charge-sheet, the present FIR No. 286/2019 under Section 308/341/506/34IPC was got registered on 07.06.2019 on the statement of complainant Akash @ Golu. He mentioned in his complaint that on 06.06.2019, he along with his friend Akash went to the sister's house of Akash at East Vinod Nagar. At about 09:30 PM, both of them came to Super Shine Chowk to eat momos and when they were returning back, 4 boys of 13 Block, Kalyanpuri, Delhi namely, Sahil S/o Ranjeet, Chunny, Gudda and Bander met them and stopped their way. Complainant stated that above-said 4 boys confronted them and blamed them for pelting stones. When the complainant replied that they never indulged in any stone pelting, one boy Sahil AKASH Digitally signed by AKASH JAIN FIR No:- 286/2019 State v. Anuj Etc. JAIN PageDate: 2024.04.04 17:58:02 +0530 No. 2 of 8 threatened him and all the boys started beating him with fists and leg blows. Complainant further stated that when he tried to run away from the spot, Sahil took out his knife and attacked with the same on the back side of his head and neck. Complainant also stated that due to fear, his friend Akash also ran away from the spot and all the 4 boys threatened to kill him and his family members, if he made complaint against them. When complainant came back to his house, someone from the locality called on 100 number and thereafter, he went to LBS hospital for his treatment.
3. During investigation, IO recorded the statement of complainant and obtained the MLC of injured. IO also recorded the statements of other witnesses. Upon completion of investigation, charge sheet under Section 173 Cr.PC was filed against the accused persons namely, Anuj, Anil, Sahil and Monu for offences under Section 308/341/506/34 IPC. After statutory compliance, present case was committed to the Court of Sessions and assigned to this Court by the order of Ld. Principal District & Sessions Judge, East District, Karkardooma Courts, Delhi.
4. Vide order dated 01.12.2023, accused persons namely, Anuj, Anil, Sahil and Monu were formally charged for commission of offences under Sections 308/341/506 (2) /34 IPC, to which they pleaded not guilty and claimed trial. The matter thereafter, proceeded for prosecution evidence.
5. In order to prove its case prosecution examined its star witness i.e. complainant/ Akash @ Golu as PW-1. However, he did not support the case of prosecution. PW-1 deposedDigitally that signed in AKASH by AKASH JAIN FIR No:- 286/2019 State v. Anuj Etc. JAIN PageDate: 2024.04.04 17:58:12 +0530 No. 3 of 8 the year 2019, he was working as a Sweeper in Sena Bhawan, Delhi. He did not remember the date and month of the incident, but in the year 2019 at night time, he along with his friend Akash were going to Vinod Nagar to eat Momos. There they found that some persons were throwing stones upon other persons and a quarrel was going on between public persons. PW-1 deposed that he received injuries by one of the stones on his back side of the head and he fell down on the ground and became unconscious due to said injuries. After 15-20 minutes, he came into his senses at LBS Hospital and received medical treatment there. PW-1 deposed that police met him in the hospital and made inquiries from him and recorded his statement. He proved the said statement vide Ex.PW1/A. He further deposed that he told the names of assailants as Sahil, Gudda and Gold Medal to the police as the public persons were saying the names of said persons. After discharge from the hospital, he returned to his house. During his testimony, accused persons Gudda, Sahil and Gold Medal were correctly identified by the witness. He pointed out towards the accused Anil @ Gudda and Sahil and identified them correctly. He was also pointed outwards the accused Anuj @ Chunni and stated that he is known to him as Gold Medal and correctly identified him. He further proved the site plan vide Ex.PW1/B. PW-1 further deposed that the accused present in the court had not caused any injuries to him.
6. The witness was thereafter, cross examined by Ld. Addl. PP for State with permission of the Court as he resiled from his previous statement. During his cross-examination, PW-1 admitted that the incident took place on 06.06.2019 at about 9:30 AKASH Digitally signed by AKASH JAIN FIR No:- 286/2019 State v. Anuj Etc. JAIN PageDate: 2024.04.04 17:58:18 +0530 No. 4 of 8 PM. He denied the suggestion that at about 9:30 PM, when they were returning to Super Shine Chowk, four persons namely Sahil, Chunni @ Gold Medal, Gudda and Banda resident of 13-Block, Kalyan Puri, Delhi met them and stopped their way and told them that they were in habit of pelting stones and that they were wrongly roped in for said pelting of stones. PW-1 further denied the suggestion that they protested the same and told them that they had not thrown any stone upon any person or that Sahil told him that "Saale tu bahut bolta hai, tujhe aaj maza chakha dete hai" or that Sahil started beating with him with above said persons by leg and fist blows and Sahil took out a knife and caused injuries on his back side while he was running from there. PW-1 further denied the suggestion that he fell down and Sahil gave knife blows on his neck at back side. He further denied the suggestion that said four persons threatened him that they would kill him and his family members.
7. During testimony of PW-1, accused Sahil was shown to him and after seeing the accused Sahil, PW-1 stated that he had not caused any injuries to him by knife. Accused Monu @ Bandar was also shown to PW-1 and after seeing him, witness stated that he did not know this person and he had not caused any injuries to him. PW-1 denied the suggestion that he had been won over by the accused persons.
8. Record transpires that during the pendency of the present case, all accused persons admitted certain documents of prosecution i.e. FIR No. 286/2016 dated 07.06.2019 as Ex. C1 recorded by HC Joginder Kumar and certificate under Section 65-
AKASH Digitally signed by
AKASH JAIN
JAIN Date: 2024.04.04
17:58:25 +0530
FIR No:- 286/2019 State v. Anuj Etc. Page No. 5 of 8
B of Indian Evidence Act as Ex. C2, GD No. 76-A dated 06.06.2019 Ex. C3 recorded by SI Ramesh Lal and MLC No. 5828 dated 06.06.2019 of Golu S/o Pallu Ex. C4 prepared by Dr. Suraj. Thus, the witnesses HC Joginder Kumar, SI Ramesh Lal and Dr. Suraj sought to prove those documents were dropped from the list of witnesses by this Court on 11.03.2024.
9. It was thereafter, argued on behalf of accused persons that complainant/ injured namely, Akash @ Golu was the only material and eye-witness of the incident in question and he did not support the case of prosecution, as such, no fruitful purpose would be served by examining remaining formal witnesses. Submissions made on behalf of accused persons were affirmed by Ld. APP for the State to the effect that there was no other eye witnesses in this case in the list of witnesses besides complainant/ injured, who resiled from his statement. However, he submitted that remaining witnesses may still be examined.
10. In lieu of totality of circumstances and submissions made as above, it was not deemed expedient by this Court to examine remaining police witnesses whose testimonies were merely formal in nature as it would result in sheer wastage of precious judicial time. Prosecution evidence was thus, closed by the court vide detailed order on 11.03.2024 while relying upon the judgment of Satish Mehra v. Delhi Administration & Anrs., 1996 JCC 507, wherein Hon'ble Supreme Court had held as under:
"......But when the judge is fairly certain that there is no prospect of the case ending in conviction, the valuable time of the court should not be wasted for holding a trial Digitally signed by AKASH AKASH JAIN JAIN Date: 2024.04.04 17:58:32 +0530 FIR No:- 286/2019 State v. Anuj Etc. Page No. 6 of 8 only for the purpose of formally completing the procedure to pronounce the conclusion on a future date......".
11. Statement of all accused persons under Section 313 r/w Section 281 Cr.P.C. had been dispensed with as no incriminating evidence had come against them. All the accused persons submitted that they did not wish to lead any defence evidence, as such, the matter was straightaway fixed for final arguments.
12. Final arguments were heard on behalf of Ld. APP for State and the accused persons. In order to prove the alleged offences in question, testimony of injured/ complainant i.e. PW-1 Akash @ Golu was vital. However, he did not support the case of prosecution and categorically stated that none of the accused persons had caused injuries to him.
13. It is argued by Ld. Addl. PP for the State that during testimony of PW-1/ complainant, he correctly identified the accused Anil @ Gudda, Sahil and accused Anuj @ Chunni and that he further supported the fact that he received injuries on the given date, time and place of incident. It is further argued that the complainant had been won over by the accused persons.
14. These arguments though would not suffice to bring home the guilt of accused persons in as much as complainant categorically stated in his testimony that none of the accused persons had caused injuries in question to him as alleged. Moreover, the friend of complainant namely Akash, whose complete details were also not given by the complainant in his AKASH Digitally AKASH JAIN signed by JAIN Date: 2024.04.04 17:58:38 +0530 FIR No:- 286/2019 State v. Anuj Etc. Page No. 7 of 8 testimony, was not made witness in this case by the IO for the reasons best known to him. In the absence of any independent eye witness or incriminating material on record, the prosecution failed to prove beyond reasonable doubt the commission of alleged offences.
15. In these circumstances, accused no. 1 Anuj S/o Roop Singh, accused no. 2 Anil S/o Sh. Prem, accused no. 3 Sahil S/o Sh. Ranjeet and accused no. 4 Monu S/o Sh. Hansraj are acquitted of the offences under Section 308/341/506 (2) /34 IPC, as alleged against them. Bail bonds furnished by all the accused persons under Section 437-A Cr.P.C. are extended for a period of 6 months from today.
16. File be consigned to record room after due compliance. Digitally signed by AKASH JAIN AKASH Date:
JAIN 2024.04.04
17:58:50
+0530
ANNOUNCED IN OPEN (AKASH JAIN)
COURT ON 04.04.2024 ASJ-04, EAST DISTRICT
KARKARDOOMA COURTS
DELHI
This judgment contains 8 pages and each paper is signed by me. Digitally signed by AKASH JAIN AKASH Date:
JAIN 2024.04.04
17:58:55
+0530
(AKASH JAIN)
ASJ-04, EAST DISTRICT
KARKARDOOMA COURTS
DELHI
FIR No:- 286/2019 State v. Anuj Etc. Page No. 8 of 8