Delhi District Court
State vs . Inder Kumar Etc. on 27 May, 2014
IN THE COURT OF Ms. CHETNA SINGH:MM-02(SOUTH DISTRICT)
SAKET COURTS COMPLEX, NEW DELHI
STATE Vs. Inder Kumar etc.
FIR No.440/11
U/s : 356/379/411/34 IPC
P.S. : Malviya Nagar
Date of institution of case : 04.07.2012
Date on which case reserved for judgment : 27.05.2014
Date of judgment : 27.05.2014
JUDGMENT
1.FIR No. of the case : 440/11 2.Date of the Commission : 04.11.2011 of the offence
3.Name of the accused : 1. Inder Kumar S/o Sh. Mahender
: Kumar R/o US-8/193, Begampur,
: Valmiki Camp, Malviya Nagr, New
: Delhi.
: 2. Shyam Lal S/o Sh. Pyare Lal
: R/o Ward No. 2, Ist floor, Mehrauli,
: New Delhi.
4.Name of the complainant : Bachan Singh S/o Sh. Ram Prakash
: R/o H. No. A-44, Hauz Khas Village,
: New Delhi.
FIR No. 440/11 State Vs Inder Kumar etc. Pages 1/3
5.Offence complained of : u/s 356/379/411/34 IPC
6.Plea of accused : Pleaded not guilty
7.Final order : Acquitted
BRIEF FACTS
1. The story of the prosecution is that on 04.11.11 at abut 10.30pm at near Panchsheel Park, Sarvpriya Vihar, New Delhi within the jurisdiction of PS Malviya Nagar, accused Inder Kumar and Shyam Lal both in furtherance of their common intention snatched and committed theft of one mobile phone belonging to the complainant Bachan Singh and same was recovered from the possession of accused persons at the spot itself which they retained or knowing and having reasons to believe the same to be stolen property and thereby committed offence punishable u/s 356/379/411/34 IPC.
2. On the basis of the said allegations and on the basis of the complaint of the complainant, an FIR bearing number 440/11 under section 356/379/411/34 IPC was lodged at Police Station Malviya Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 04.07.2012.
4. On the basis of the charge-sheet, a charge for the offence punishable under section 356/379/411/34 IPC was framed against the accused persons namely Inder Kumar and Shyam Lal and read out to the said accused persons, to which they pleaded not guilty and claimed trial on 15.04.2013.
5. Prosecution has not examined any witness in the present FIR No. 440/11 State Vs Inder Kumar etc. Pages 2/3 matter. Summons upon the PW/complainant namely Bachan Singh being the material witness received back unexecuted through the office of DCP with the report that he was not traceable. As none of the witness has been examined in the present matter. No purpose would have been served in examining remaining witness. PE was ordered to be closed on 27.05.2014. The statement of accused under section 313 r/w section 281 Cr.P.C was dispensed with.
6. Final arguments were advanced by Ld. Counsel for accused persons and Ld. APP for the state.
7. As the entire prosecution story rests on the statement of PW/complainant namely Bachan Singh being the material witness, in its absence nothing incriminating against the accused persons could be found on record by the prosecution.
8. Hence, no grounds are found to hold the accused guilty of the offence as charged. The accused persons namely Inder Kumar and Shyam Lal are hereby acquitted of the offence charged u/s 356/379/411/34 IPC.
Previous bail bond in compliance of section 437-A Cr.P.C. to remain in force for a period of 6 month from today. File be consigned to record room.
Announced in the Court
on 27.05.2014 (CHETNA SINGH)
MM-02(SD)/27.05.2014
Certified that this judgment contains 3 pages and each page bears my signatures.
(CHETNA SINGH) MM-02(SD)/27.05.2014 FIR No. 440/11 State Vs Inder Kumar etc. Pages 3/3