Delhi District Court
State vs 1. Parveen @ Irfan Son Of Mehardeen on 23 September, 2010
IN THE COURT OF SH. SUDESH KUMAR : SPECIAL JUDGE (NDPS)/
ADDL.SESSIONS JUDGE (NORTHEAST) : KARKARDOOMA COURTS,
DELHI
SC 86/2007
FIR 598/2007
PS Gokalpuri
Under Section 302/308/342/34 IPC
State Versus 1. Parveen @ Irfan son of Mehardeen
resident of house no.A168, Gali No.5
Guru Nanak Nagar, Bhagirathi Vihar
Delhi.
2. Mehardeen @ Partwari son of Babu Khan
resident of house no.A168, Gali No.5
Guru Nanak Nagar, Bhagirathi Vihar
Delhi
3. Aasu @ Aas Mohd son of Shamsuddin
resident of B73, Gali No.14
Old Mustafabad Man Singh Nagar,
Delhi
4. Mohd.Sahid Rana son of Ishtyaq Ahmad
resident of 295, Guru Nanak Nagar
Old Mustafabad Delhi
Date of Institution 11.12.2007
Date of hearing arguments 23.9.2010
Date of decision 23.9.2010
J U D G M E N T
All the four accused persons have been charge sheeted in a case bearing FIR 598/2007 for the offence punishable under section 302/308/342/34 IPC registered at PS Gokalpuri, which after completion of the proceedings under section 207 Cr.PC before the learned Metropolitan Magistrate was committed to the Court of Sessions, and in turn, assigned to this Court.
FIR No 598/2007 PS Gokalpuri Page 1/8
Briefly the facts of the case as per report under section 173 Cr.PC and accompanying documents are that on 15.8.2007, on receipt of copy of DD No.12A regarding quarrel, ASI Dharamveer Singh along with Ct.Jeevan Singh reached the spot - Gali no.5, Mandir Wali Gali, Guru Nanak Nagar, Mustafabad, Delhi, and came to know that injured had been removed to the GTB Hospital with the result that the ASI & the HC both reached GTB Hospital and obtained MLC of injured Bobby who was declared fit for making statement but he expressed inability to make statement. Upon subsequent check up, the doctor too declared him unfit for making statement.
At the spot as also in the hospital no eye witness could be found, on 16.8.2007, ASI Dharamvir Singh recorded statement of one Neeraj @ Pappu (brother of injured Bobby) to the effect that on 15.8.2007 at about 12.00 noon, he along with his elder brother Bobby (who was a bit ahead of him) was going to market for purchasing kites and when Bobby reached in front of gate of house of Patwari (accused Mehardeen) towards narrow lane, 34 boys came out of the said house and dragged Bobby inside the house and closed the door. The complainant rushed and knocked the door but the door was not opened. Thereafter he rushed to his house and informed his sister Poonam and came back to the spot. In the meantime, mother of the complainant with the help of two neighbouring boys Rishi and Ganesh took out Bobby via the house of Rafiq and took him to the GTB Hospital where he was under treatment and being unconscious he was unable to speak. Out of the said 34 boys, the complainant identified one of them as Praveen son of Patwari and the other as Aasu, and for the remaining two, he stated that he could identify them upon being confronted. Making statement to the above effect, he sought legal action in the matter.
After recording statement to the above effect, ASI Dharamver made his endorsement and got the case FIR under section 342/308/34 IPC registered and undertook the investigation of the case.
During the course of investigation, ASI prepared unscaled site plan, FIR No 598/2007 PS Gokalpuri Page 2/8 recorded statements of the witnesses, arrested accused Praveen who pointed out the place of occurrence and made disclosure statement, stating that he along with Mehardeen & Aasu and Shahid Rana gave beatings and inflicted injuries on the head of Bobby with the help of dandas and arm of charpoy.
On 17.8.2010 , information regarding death of Bobby was received in the police station with the result that ASI Dharamveer alongwith Ct.Jeevan reached GTB Hospital Mortuary, got postmortem on the dead body of Bobby conducted and handed over the dead body to the relations of the deceased and got the clothes of the deceased as also blood of the deceased preserved on gauze and also added section 302 IPC in the case file.
Further investigation of the case was entrusted to Ins.Arvind Sagar Negi who during the course of investigation, on 23.8.2007, arrested accused Mehardeen @ Patwari, interrogated him and recorded disclosure statement. Accused Mehardeen @ Patwari also pointed out the spot, and got recovered the arm of charpoy which was taken into possession vide seizure memo after converting into cloth parcel and deposited with the MHCM. The seal after use was handed over to Ct.Mukesh. Accused Mehardeen @ Patwari was produced before the Court and remanded to JC where he refused to participate in TIP proceedings.
Later on, Ins.AS Negi received Postmortem report, alongwith parcel and seal seal was received and the same were deposited with the MHCM. In the postmortem report the cause of death was given as shock due to antemortem head injury as a result of blunt impact.
On 25.8.2007, accused Aasu @ Aas Mohd was arrested and during the course of interrogation he pointed out the place of occurrence, and his dsiclosure statement was recorded. The danda used as weapon of offence however could not be recovered.
After dismissal of the anticipatory bail application, accused Mohd.Sahid FIR No 598/2007 PS Gokalpuri Page 3/8 Rana surrendered in the court wherefrom he was arrested, interrogated and his disclosure statement was recorded and thereafter the accused Mohd.Shahid Rana was produced before the learned Metropolitan Magistrate in muffled face for TIP but he refused to participate in TIP proceedings. One day PC remand was obtained and during the course of interrogation the accused pointed out the place of occurrence and got recovered the danda used as weapon of offence which was taken into possession converted into cloth parcel, sealed with the seal of AS and seal after use was given to HC Yashpal. At the spot statements of witnesses were recovered and thereafter the weapon of offence was deposited with the MHCM.
Subsequently, medical opinion qua use of recovered weapons in the commission of the offence was obtained according to which the injury (resulting into death) was possible with the arm of the charpoy.
During the course of further investigation, the exhibits of the case were got sent to FSL Rohini for analysis through Ct.Ali Shabbar, scaled site plan was got prepared through SI Mukesh Jain, IO of the case recorded statements of the witnesses concerning the investigation of the case, prepared challan against the accused persons and mentioning that FSL result would be submitted upon receipt, challan was presented in the Court for trial.
During the course of arguments on the point of framing of charge, learned counsel for the accused persons conceding to framing of charge under sections 342/34 IPC & 302/34 IPC against the accused persons, charge under the aforesaid sections was framed against the accused persons, to which they pleaded not guilty and claimed trial.
In support of the case, the prosecution examined 18 PWs and thereafter prosecution evidence was closed in view of statement of learned Addl.PP for the State Since all the star witnesses of the prosecution turned hostile and have not supported the FIR No 598/2007 PS Gokalpuri Page 4/8 case of the prosecution against the accused persons., accordingly, recording of statements of the accused persons under section 313 Cr.PC was dispensed with vide order dated 23.9.2010 as there is no material incriminating evidence on record against the accused persons.
Final arguments heard. File perused.
PW1 is Pappu - complainant, brother of the deceased. He has deposed that on 15.8.2007, at about 11.00/12.00 noon he had been flying kite on the terrace of his house alongwith 23 friends and at that time on hearing the noise in the Gali, he went there and on reaching there he found that his brother Bobby was lying unconscious there. On this, he immediately rushed back to his house to tell his mother about the same but he did not find his mother at home and taking his younger sister Poonam with him, he came back at the spot and on reaching there they did not find their brother there and on enquiries, they came to know that one boy namely Ganesh had taken his brother to the GTB Hospital. On this, he again came back to his house and waited for his mother to come and when his mother reached home, they went to hospital and on reaching the hospital, they found that Bobby was not conscious. PW1 has deposed that police did not record his statement and police met him when he was going to take medicines for his brother and they obtained his signatures on some papers. PW1 has further deposed that his brother expired in the hospital on 17.8.2007 and has further deposed that he does not know as to who had beaten and caused injuries on the person of his brother. He was crossexamined at length by the learned Addl.PP for the State but nothing incriminating against the accused came on record.
PW2 is Rameshwari. She has also deposed that she did not see any quarrel taking place but his son Bobby was injured He has also stated that before she reached the place, her son had already been removed to the hospital who expired in the FIR No 598/2007 PS Gokalpuri Page 5/8 hospital on 17.8.2007. She has also deposed that she does not know how her son Bobby sustained injuries and who inflicted injuries on his person. She too was cross examined by the learned Addl.PP for the State but nothing incriminating came on record against the accused persons.
PW3 is Nishara. She has deposed that it was 15.8.2007 when she was sleeping in her house and she got up on hearing noise outside and she went outside and came to know that one boy namely Bobby was unconscious and had been taken to the hospital by one Ganesh. She has further deposed that nothing had happened in her presence.
PW4 is Poonam - sister of the deceased. She has also not supported the case of the prosecution and has deposed that ion 15.8.2007, she and her elder brother Pappu were at their house. Pappu was flying kites on the terrace. At about 11.30 am, she heard noise in the Gali and her brother Pappu went to the Gali and when he came back, told "BHAI KO CHOT LAGI HAI". Thereafter, she along with her brother Pappu went to the Gali and on reaching there, she came to know that her brother Bobby had already been removed to the GTB Hospital by Ganesh.
PW5 is Ganesh. He has also turned hostile and has deposed that he does not know as to how deceased Bobby received injuries and who caused injuries on the person of Bobby. He was also subjected to sustained crossexamination by the learned Addl PP for the State but nothing favouring the prosecution came on record.
PWPrempal Kashyap has also been examined as PW5 who identified the dead body of Bobby in the mortuary of GTB Hospital and received the dead body after postmortem and his statement Ex.PW5/1 was recorded.
PW6 is Rishikant Sharma. PW6 has deposed that on 15.8.2007 he saw that many persons had collected in the Gali and one person namely Bobby was lying there unconscious. Thereafter he alongwith Ganesh took Bobby to the GTB Hospital in TSR and got him admitted in the GTB Hospital. He had stated that except this he does FIR No 598/2007 PS Gokalpuri Page 6/8 not know anything and nothing else happened in his presence. He was also subjected to sustained crossexamination by learned Addl.PP for the State but nothing incriminating against the accused persons came on record.
PW7 is Ct.Umesh Kumar who participated iin the investigation of the case with Ins.Arvind Sagar Negi. PW8 is HC Yashpal who also participated in the investigation of the case. PW9 is Dr.Sumit Tellewar who conducted postmortem on the dead body of deceased Bobby. PW10 is HC Baljeet SinghDuty officer. PW11 is Ct.Rajesh Kumar who had joined investigation of the case on 23.8.2007 with IO/Ins.Arvind Sagar Negi. PW12 is Ct.Ali Shabbar who on 26.9.2007 took two pullandas duly sealed with the seal of AS to GTB Hospital Forensic Department, vide RC No.99/21 and deposited the same over there and further on 9.10.2007, he took the two pullandas duly sealed with the seal of SR of GTB Hospital and one sample seal to FSL Rohini vide RC No.106/21 and deposited the said articles in FSL Rohini. PW13 is SI Mukesh Kumar ;Jain draftsman who on 15.10.2007, prepared the scaled site plan Ex.PW13/1 on the basis of rough notes and measurements taken by him on 11.10.2007. PW14 is Ct.Jiwan Singh who on 15.8.2007 on receipt of DD No.12A by ASI Dharamveer went to the hospital along with ASI Dharam Singh and participated in the investigation of the case. PW15 is HC Rustam SinghMHCM PW16 is ASI Dharamveer Singh 1st IO of the case. PW17 is Ins.Arvind Sagar Negi who undertook further investigation of the present case after death of Bobby and PW18 is Dr.Parmeshwar Ram who has proved the MLC Ex.PW18/A of Bobby and identified the signatures of Dr.Chandrika on the same at point A. All the material witnesses of the prosecution case namely PW1 Pappu PW2 Rameshwari, PW3 Nishara, PW4 Ms.Poonam, PW5 Ganesh & PW6 Rishikant Sharma have turned hostile and have not supported the case of the prosecution despite sustained crossexamination by the learned AddlPP for the State, as such there is neither any direct evidence nor circumstantial evidence against the accused persons to show that FIR No 598/2007 PS Gokalpuri Page 7/8 deceased Bobby was taken to house No.A226, Gali No.5, Guru Nanak Nagar Phase II, Bhagirathi Vihar, Delhi and given beating by the accused persons. As such, there is no evidence on record to suggest that deceased Bobby was murdered by the accused persons.
In view of the above discussion, I am of the considered opinion that prosecution has failed to establish its case against the accused persons beyond reasonable doubt. Accordingly the accused persons Parveen @ Irfan son of Mehardeen, Mehardeen @ Partwari son of Babu Khan, Aasu @ Aas Mohd son of Shamsuddin and Mohd.Sahid Rana son of Ishtyaq Ahmad are acquitted of the offence under section 342 read with Section 34 IPC and section 302 IPC read with section 34 IPC with which they were charged.
Bail bonds of the accused persons stand cancelled. Their sureties stand discharged. Accused persons are directed to furnish fresh bail bonds in the sum of Rs. 10,000/ each with one surety each in the like amount with the undertaking that they will appear in the Appellate Court, if appeal is preferred by the State against this judgment.
File be consigned to the record room.
Announced in the open court
on this 23rd day of September 2010 (Sudesh Kumar)
Special Judge NDPS (NorthEast)
Addl. Sessions Judge:Kkd Courts, Delhi
FIR No 598/2007 PS Gokalpuri Page 8/8