Delhi District Court
State vs . Akhtar Parvez on 19 October, 2015
FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 IN THE COURT OF POORAN CHAND: CHIEF METROPOLITAN MAGISTRATE: CENTRAL DISTRICT: TIS HAZARI COURTS: DELHI FIR No.: 80/2009 PS: B.H Rao U/s 160 IPC State Vs. Akhtar Parvez Unique ID No.: 02401R0619732009 J U D G M E N T:
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(a) S.No. of the case : 128/B/2
(b) Name of complainant : ASI Vikram Singh
(c) Date of commission of offence : 13.06.2009
(d) Name of the accused : 1. Mohd Sabir S/o late Aslam Parvez (convicted vide order dated 18.03.2011)
2. Akhtar Parvez s/o Habib Hussain, r/o H. No. 3308, Bagachhi Acheyji, Bara Hindu Rao, Delhi
(e) Offence complained of : U/s 160 IPC
(f) Plea of accused : Pleaded not guilty
(g) Final arguments heard on : 16.10.2015
(h) Final Order : Acquitted State V/s Akhtar Parvez ("Acquitted") Page 1 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015
(i) Date of such order : 19.10.2015 BRIEF FACTS & REASONS FOR SUCH DECISION:
1. The facts of the case in brief are that on 13.06.2009, on receipt of DD No. 30A, ASI Vikram Singh along with Ct.Altaf reached at the spot i.e House No. 3308, Gali Bagichi Achejee, Bara Hindu Rao at about 8.10 p.m. where many persons had gathered. They found two persons quarreling with each other by exchanging fist blows and were also using abusive language and were making affray in the locality. Both of them were persuaded to stop the fight but they did not stop. Both the accused were apprehended. During interrogation, the accused persons disclosed their names as Mohd Sabir and Akhtar Parvez. Thereafter, FIR in the matter was registered and after completion of necessary investigation, IO prepared the challan and filed the same before the Court through concerned SHO.
2. After completion of investigation, accused persons stood chargesheeted for offence punishable u/s 160 IPC.
3. After filing of the charge sheet in the case, accused persons were supplied the documents in compliance of Section 207 Cr.P.C and after hearing arguments, vide order dated 18.03.2011, notice u/s 160 IPC was served upon both the accused persons. Accused Mohd Sabir pleaded guilty and was accordingly convicted. Accused Akhtar Parvez pleaded not guilty and claimed State V/s Akhtar Parvez ("Acquitted") Page 2 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 trial.
4. In order to prove charge against accused Parvez Akhtar, the prosecution examined six witnesses and thereafter PE in the matter was closed and statement of accused persons u/s 281 Cr.P.C. was recorded wherein accused stated that he had been falsely implicated in the present matter.
5. I have heard arguments advanced at Bar by the Ld. APP for the State and Sh. Wasim Ansari, Advocate for accused and perused the entire material on record.
6. Before adverting to adjudication upon the arguments advanced at Bar, it would be appropriate to have a brief scrutiny of the evidence recorded in the matter, which is as under.
7. PW1 HC Yogesh Kumar deposed that on 13.06.2009, he was posted in P.S Bara Hindu Rao as duty officer. On that day, he registered the FIR bearing No. 80/09 and same has been proved as Ex.PW1/A and endorsement on rukka as Ex.PW1/B.
8. PW2 Dr. D.K Nath, Medical Officer, Hindu Rao Hospital has proved the MLC of both the accused persons as Ex.PW2/A and Ex.PW2/B. State V/s Akhtar Parvez ("Acquitted") Page 3 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015
9. PW3 W/Ct Shahi Bala deposed that she was posted as DD writer on 13.06.2009 at PS Bara Hindu Rao. She has made entry in the roznamcha register at serial no. 40 which is Ex.PW3/A.
10. PW4 ASI Satpal deposed that on13.06.09, he was posted as HC at PS Bara Hindu Rao. On that day, he alongwith Constable Altaf were on patrolling duty. They received an information on our wireless set regarding the crime. Thereafter, they reached at the spot i.e. in front of H. No. 3308.
Public persons were gathered there and two persons were quarreling with each other by exchanging first blows and were also using abusive language. IO Vikram Singh also reached at the spot. We intervened and separated the accused. They apprehended the accused persons. He alongwith Constable Altaf took the accused persons to hospital and their medical examination was conducted. They came back at the spot. IO prepared rukka and handed over the same to Constable Altaf for registration of case. After registration of the case, he came back at the spot and handed over original rukka and copy of FIR to the IO. IO arrested the accused persons and conducted their personal search vide memos Ex. PW4/A, PW4/B, PW4/C and PW4/D. Accused Akhtar Parvez is present in the court and correctly identified by the witness. Accused Sabir has already been convicted. IO recorded his statement.
11. PW5 Constable Altaf Hussain deposed that on 13.06.2009, he was posted at PS Bara Hindu Rao as Constable. On that day on receipt of DD State V/s Akhtar Parvez ("Acquitted") Page 4 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 no. 30A to IO ASI Vikram Singh, he accompanied him and arrived at spot i.e. House no. 3308, Gali Bagichi Achejee, Bara Hindu Rao at about 8:10 p.m. where many person gathered meanwhile HC Satpal also arrived at the spot. IO removed the gathering and saw that two persons were quarreling with each other by exchanging fist blows and were also using abusive language and were making affray in the locality. IO made efforts to make them understand. They apprehended both he person. On interrogation their names were revealed as Mohd. Sabir and Akhtar Parvez. Accused Akhtar Parvez is present in the Court that day (correctly identified). Both accused were medically examined at HRH. IO prepared rukka and handed over the same to him to get the FIR registered at PS Bara Hindu Rao. After registration of FIR he came back to the spot and handed over the copy of FIR and original rukka to IO ASI Vikram Singh, After interrogation IO arrested the accused Akhtar Parvez and Mohd. Sabir vide arrest memos already exhibited PW4/A and PW4/B bearing his signature at point A and their personal search were conducted vide memos Ex PW4/D and PW4/C respectively. Both the accused were brought at PS. On furnishing surety both the accused were released on bail. IO recorded his statement u/s 161 Cr.PC.
12. PW6 ASI Vikram Singh deposed that on 13.06.09, he was posted at PS Bara Hindu Rao as ASI. On that day on receipt of DD no. 30A to him, He alongwith Constable Altaf arrived at spot i.e. House no. 3308, Gali Bagichi Achejee, Bara Hindu Rao at about 8:10 p.m. where many persons State V/s Akhtar Parvez ("Acquitted") Page 5 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 gathered meanwhile HC Satpal also arrived at the spot. He removed the gathering and saw that two persons were quarreling with each other by exchanging fist blows and were also using abusive language and were making affray in the locality. He made efforts to make them understand but they did not stop. They apprehended both the person. On interrogation their names were revealed as Mohd. Sabir and Akhtar Parvez. Accused Akhtar Parvez is examined at HRH. He prepared rukka and handed over the same to Constable Altaf to get the FIR registered at PS Bara Hindu Rao. After registration of FIR Constable Altaf came back to the spot and handed over the copy of FIR and original rukka to him. During investigation, he prepared site plan Ex. PW6/A bearing his signature at point A and after interrogation he arrested exhibited as Ex. PW4/A and PW4/B bearing his signature at points C and their personal search were conducted vide memos Ex. PW4/D and PW4/C respectively. Both the accused were brought at PS. On furnishing surety both the accused were released on bail. He recorded the statements of witnesses U/s 161 Cr.PC. Attested copy of DD no. 30A and 14B dated 13.06.2009, PS Bara Hindu Rao are Ex. PW6/B and PW6/C respectively. After completion of the investigation charge sheet has been filed before the court.
13. This is all as far as prosecution evidence is concerned in the matter.
Arguments advanced and case law relied upon :
14. I have gone through the evidence led by the prosecution to prove State V/s Akhtar Parvez ("Acquitted") Page 6 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 its case as well as heard the argument addressed by both the sides.
15. Ld. APP for State has argued that PW4 ASI Satpal, PW5 Ct. Altaf Hussain and PW6 ASI Vikram Singh in their testimonies have categorically stated the entire incident and in view of their testimonies, prosecution has proved its case beyond reasonable doubt.
16. On the other hand, Ld Defence Counsel has pointed out certain contradictions like time of arriving and leaving the spot and that no public person was made a witness. He has further pointed out the contradictions in the testimonies of PW4 ASI Satpal, PW5 Ct. Altaf Hussain and PW6 ASI Vikram Singh.
17. While PW4 ASI Satpal in his testimony has stated deposed that he along with PW5 Ct Altaf was on patrolling duty and on receiving information, both of them reached at the spot, PW5 Ct Altaf has deposed that on receipt of DD No. 30A, he accompanied PW6 ASI Vikram Singh and arrived at the spot i.e House no. 3308, Gali Bagichi Achejee, Bara Hindu Rao at about 8:10 p.m. where many person gathered meanwhile HC Satpal also arrived at the spot. Further, PW6 ASI Vikram Singh has deposed on the lines of PW5 Ct Altaf that he along with PW5 reached at the spot and in the meanwhile PW5 ASI Satpal also arrived at the spot which is contradictory to the version of PW4 who has stated that he was on patrolling duty along with State V/s Akhtar Parvez ("Acquitted") Page 7 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 PW5.
18. Ld. Defence Counsel has further pointed out that in the MLCs of both the accused persons Ex.PW2/A and Ex. PW2/A, no injury has been shown/opined by PW2 Dr. D.K Nath which is contrary to the versions of prosecution witnesses PW4 ASI Satpal, PW5 Ct. Altaf Hussain and PW6 ASI Vikram Singh as all three of them have categorically stated that the accused persons were exchanging fist blows.
19. In the present case, the prosecution has relied upon the testimonies of PW4, PW5 and PW6 in order to prove its case. These contradictions as pointed out by Ld. Defence Counsel are major and very important to the fate of the case. A perusal of their testimonies clearly shows major contradiction which does not inspire the confidence of this Court. Both PW5 Ct Altaf and PW6 ASI Vikram Singh have corroborated their testimonies, however, PW4 ASI Satpal in his testimony deposed that he along with PW5 Ct Altaf were on patrolling duty. This piece of testimony is contrary to the testimonies of PW5 and PW6 which creates a doubt in the mind of this Court.
20. Moreover, the testimonies of PW4 ASI Satpal, PW5 Ct. Altaf Hussain and PW6 ASI Vikram Singh is also not trustworthy due to the fact all three of them have categorically stated in their deposition that accused State V/s Akhtar Parvez ("Acquitted") Page 8 of 9 FIR NO. 80/09; PS B.H Rao; U/s 160 IPC DOD:19.10.2015 persons were exchanging fist blows to each other which has not been proved by the MLCs of accused persons.
21. Therefore, in view of my above discussion and reasons, this Court is of the considered opinion that prosecution has failed to prove its case against the accused beyond reasonable doubt, the benefit of which must go to the accused. Accordingly, accused Akhtar Parvez stands acquitted of the charges levelled against him.
Announced in the open court (Pooran Chand)
on 19.10.2015 Chief Metropolitan Magistrate:
Central District:Tis Hazari Courts
Delhi
State V/s Akhtar Parvez ("Acquitted") Page 9 of 9