Delhi District Court
State vs . Vishwas Sharma @ Visi on 29 July, 2009
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SC / ST No. 11/08.
IN THE COURT OF SH. GURDEEP KUMAR :
D.J.VCUMASJ / I/C (SOUTH) P.H.C., NEW DELHI
SC / ST No. 11/08.
FIR No. 103/06.
PS : Vasant Vihar
U/s 308 IPC
& 3(1)(x) SC / ST (POA) Act, 1989.
State Vs. Vishwas Sharma @ Visi
S/o Shri Suraj Bhan Sharma
R/o 21A, Vasant Gaon,
New Delhi.
Date of institution : 13.04.2006.
Date on which arguments
have been heard : 29.07.2009.
Date of judgment : 29.07.2009.
J U D G M E N T: Accused Vishwas Sharma @ Visi has been sent for trial by the S.H.O, Police Station Vasant Vihar u/s 308 IPC and Section 3(1)(x) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred Contd...
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to as the Act).
2. The relevant brief facts of the case are that on 15.03.2006 on an information vide DD No. 32A, SI Mukesh Kumar along with Constable Chuttan Lal No. 1554/SW reached Vasant Hospital near Priya Cinema and found Meer Chauhan S/o Mahesh Chauhan R/o 158, Vasant Gaon, Delhi admitted and under treatment of the said hospital vide MLC No. 36. The doctors declared him unfit for giving statement. In the light of this, the S.I. recorded statement of Amit, the complainant who stated interalia; that he along with his family resides at House No. 157, Vasant Gaon, New Delhi; that on 15.03.2006 he along with his uncle (chacha), namely, Meer Chauhan @ Katle were going to meet their friends; that at about 12:30 Contd...
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p.m. they were going to bus stand walking through in front of the house of Sonu, that then Sonu's aunt's (mausi) son, namely, Vishwas Sharma @ Vissi S/o Pt. Suraj Bhan Sharma R/o 21A, Vasant Gaon, Vasant Vihar, New Delhi was standing on the roof of the house of Sonu; that on seeing them, he addressed them saying "BHANGI AA GAYE." When he protested the same and asked him why he was uttering such words, the accused Vishwas Sharma aiming at them threw a brick from the roof which hit on the forehead of Meer Chauhan. As a result, Meer Chauhan fell down, started bleeding from his nose and became unconscious. He along with Pramod (brother of Meer Chauhan) took the injured in the Car of Deepak to Dr. Shashi Goyal, E Block, Vasant Vihar. The Doctor informed that the patient was in bad condition and on Contd...
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Doctor's advise he was taken to Vasant Lok Hospital and was admitted there. He further stated that the accused Vishwas Sharma had addressed them by using 'JAATI SUCHAK' words and also injured Meer Chauhan by throwing brick.
3. On the aforesaid statement of Amit and in view of the MLC, the case was got registered by S.I. Mukesh Kumar. The FIR was assigned to S.I. Mukesh Kumar for investigation. On that very day during investigation, the investigating officer seized the piece of brick through a seizure memo as a piece of evidence. During further investigation, he also inspected the crime scene, prepared the site plan, photographed the crime scene and recorded the statements of witnesses. On 18.03.2006 when the Contd...
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Doctor declared Meer Chauhan fit for giving statement, he recorded his statement. On 21.03.2006, the I.O obtained copy of the caste certificate produced by the uncle of Meer Chauhan showing him to be Balmiki by caste. He also collected copy of the ration card of Dalip Singh and Mahesh Chauhan. During further investigation on 29.03.2006 he obtained the MLC vide No. C49904 along with XRay report of the victim Meer Chauhan vide No. 1310, in which the Doctor opined injury as grievous by blunt object and were taken into possession. After completing investigation, challan was filed before the ld. M.M.
4. The ld. M.M. committed the case to the Sessions Court for trial. After hearing both the parties on the point Contd...
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of charge, my ld. Predecessor vide orders dated 01.11.2006 framed charge against the accused u/s 3(1)(x) of the Act and Section 308 IPC to which the accused pleaded not guilty and claimed trial.
5. In order to bring home guilt against the accused, the prosecution has examined PW1 Dr. Ankit Kumar, PW2 - Dr. Shiv Kumar Goel, PW3 - H.C. Mohd. Tahir Khan, PW4 - Dr. Pankaj Paul, PW5 - W/ASI Kailash, PW6 - Constable Chuttan Lal, PW7 - Dr. Javed Ahmed Khan, PW8 - Kavita Vani, PW9 - Vinod Mishra, PW10 - Bhagwan Das, PW11 - Dalip Singh, PW12 - Amit and PW13 - Mir Chauhan.
6. Special P. P. for the State dropped PW's Pramod Contd...
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and Deepak vide separate statement recorded on 01.06.2009. Prosecution evidence has been closed by special P.P for the State vide his statement recorded separately today.
7. PW1 - Dr. Ankit Kumar, Jr. Resident deposed that on 15.03.2006 he was working as RMO at Vasant Lok Hospital, New Delhi and on that day he had examined Meer Chauhan and prepared MLC Ext. PW1/A. PW2 - Shiv Kumar Goel, MD final year student, Safdarjung Hospital deposed that police had produced an application Ext. PW2/A regarding physical condition of injured Meer Chauhan who was admitted in the hospital vide MLC No. C49904. He examined him and found him unfit for making his statement and he gave his opinion in Contd...
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this regard on the application Ext. PW2/B. PW4 - Dr. Pankaj Paul, Sr. Resident, Department of Surgery, Safdarjung Hospital deposed that on 15.03.2006 he was posted in Safdarjung Hospital as Sr. Resident when he medically examined Meer Singh S/o Mahesh and found the injuries - 1. Small superficial lacerated wound about 0.5 cm. in size on left frontal region surrounding haematoma, 2. Black eye left side & 3. Blood clot in both nostrils. The patient was referred to Surgery Ward and stated that MLC of patient is Ext. PW4/A which is signed by him at point A. He further deposed that the XRay form is Ext. PW4/B and same was also prepared by him.
PW7 - Dr. Javed Ahmed Khan deposed that on 18.03.2006 he was posted as Junior Resident at Contd...
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Safdarjung Hospital and was on duty when police came and produced application Ext. PW7/A before him for examination of injured Meer Chauhan. After examination of the injured, he found him fit and hence declared him fit for making statement vide his endorsement Ext. PW7/B. PW8 - Kavita Vani, Specialist Senior Scale, Radiology Safdarjung Hospital deposed that she has been working as Radiologist in Safdarjung Hospital and has seen the XRay report recorded on the XRay Form Ext. PW4/B. The XRay report of skull Mehar Singh aged 22 years male was prepared by Dr. Nidhi Aggarwal and as per report Ext. PW8/A, there was fracture of tempro parietal bone. Now, Dr. Nidhi Aggarwal has left the services of the hospital and her whereabouts are not available. She identified her handwriting and signatures Contd...
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being conversant with the same and proved that Ext. PW8/A is in her handwriting.
8. PW3 - H.C. Mohd. Tahir Khan deposed that on 15.03.2006 he was posted as H.C at Police Station Vasant Vihar and was Duty Officer from 3.30 p.m to 12 mid night. On that day at about 3.55 p.m. he received a rukka of S.I Mukesh Tyagi through Constable Chuttan Lal and on its basis he recorded FIR No. 103/06.
PW5 - W/ASI Kailash deposed that on 15.03.2006 while she was posted as ASI at Police Station Vasant Vihar, she was Duty Officer from 8 a.m to 3.30 p.m and at about 2.03 p.m she received a call from wireless message and recorded the same in the D.D. No. 32A which she handed over to Constable Bhagat Ram for Contd...
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delivery to S.I Mukesh Kumar. She proved copy of the same as Ext. PW5/A. PW6 - Constable Chuttan Lal deposed that on 15.03.2006 he was posted as Constable at Police Station Vasant Vihar. On that day, the Duty Officer handed over him copy of the FIR and original rukka of this case for producing the same before the ACP Vasant Vihar and handed over the same to him. The ACP also recorded his statement.
10. PW9 - Vinod Mishra, Reader to the SDM, Kapashera, Delhi produced the summoned record i.e. application form of Amit Kumar and Meer Chauhan for issuing Scheduled Caste Certificate and the verification report of the SHO, Vasant Vihar. He further deposed that Contd...
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Amit Kumar submitted an application form for issuing Scheduled Caste Certificate vide IDN No. 19605. He proved copy of application form as Ext. PW9/A and copy of verification report as Ext. PW9/B. After verification, he was issued Caste Certificate vide Certificate No. 19605 on the same day i.e. 10.04.2006. The original certificate was issued to him. Computer generated copy thereof is in their record and its photocopy is Ext. PW9/C. On the same day i.e. 10.04.2006 Meer Chauhan S/o Mahesh Chauhan had also submitted an application vide IDN No. 19606 for issuance of Scheduled Caste Certificate to him copy of which is Ext. PW9/D. Verification report by the concerned SHO is Ext. PW9/E. He was issued Scheduled Caste Certificate on 12.04.2006 as per their record vide Certificate No. 19606. Its computer generated copy is in Contd...
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their record and its photocopy is Ext. PW9/F. As per their record, the certificate to Amit was also issued on 12.04.2006.
PW10 - Bhagwan Das deposed that he is permanent resident of H. No. 180, Vasant Nagar, New Delhi and belongs to Jatav Caste ( Scheduled Caste). He knows Mahesh Chauhan S/o Mai Ram and Amit S/o Anil and they both belong to Balmiki Caste (Scheduled Caste). The sir name of Mahesh is Chauhan. However, he belongs to Balmiki Community.
PW11 - Dalip Singh deposed that he belongs to Balmiki Community (Scheduled Caste). Mahesh Chauhan is his real brother and Meer Chauhan is his nephew. He also belongs to Balmiki Community. He handed over the photocopy of his Scheduled Caste Certificate and a Contd...
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photocopy of ration card vide memo Ext. PW11/A. He also proved photocopy of his caste certificate as Ext. PW11/B. PW12 - Amit & PW13 - Meer Chauhan are the two material witnesses being the eye witnesses of the alleged occurrence. PW12 - Amit deposed that on 15.03.2006 he along with Sh. Meer Chauhan @ Kallay were going towards Hanuman Temple to meet his friend. At about 11.00 / 11:30 a.m. when they were passing in front of the house of the accused Vishwas Sharma, a stone struck on the head of his uncle Meer Chauhan. He does not know who threw that stone. He took Meer Chauhan first to Vasant Lok Hospital near Priya Cinema in the vehicle of Deepak and they were accompanied by Pramod brother of Meer Chauhan. From there he was Contd...
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taken to Safdarjung Hospital. Two police officials met him in front of Vasant Lok Hospital. They took him to the Police Station Vasant Vihar where his statement was recorded. He was declared hostile and then cross examined at length by special PP for the State but he did not support the prosecution version.
PW13 - Meer Chauhan deposed that he belong to Balmiki Caste (Scheduled Caste). On 15.03.2006 he along with his nephew Amit was going to meet his friend near temple. At about 11.30 / 12.00 noon when they were passing in front of house Vishwas, a brick struck on his head but he does not know who had thrown the brick. As a result of that, he became unconscious and regained consciousness in Safdarjung Hospital after a week. He further deposed that at the time of occurrence, nobody Contd...
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had commented castiest remarks. He was also declared hostile and then cross examined at length by special PP for the State but he also did not support the prosecution version.
11. As already stated above PW12 - Amit & PW13 - Meer Chauhan are the only two material witnesses cited and examined by the prosecution. They both are completely hostile and did not support the prosecution version despite cross examination at length by special P.P for the State. Rest of the witnesses cited and examined by the prosecution are formal witnesses. On careful perusal of the entire evidence brought on record by the prosecution, it found that there is nothing incriminating against the accused to examine him u/s 313 Cr.P.C. In Contd...
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the light of this, his examination u/s 313 Cr.P.C. is dispensed with and, therefore, the accused Vishwas Sharma @ Visi is acquitted of the charges u/s 3 (1)(x) of the Act and u/s 308 IPC. His surety is discharged. File be consigned to the record room.
Announced in the open (GURDEEP KUMAR) Court on 29.07.2009. D.J.VcumASJ I/C(South) P.H.C., NEW DELHI Contd...