Delhi District Court
State vs . Sajjan Thakur Etc. on 6 February, 2012
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IN THE COURT OF SH. MUKESH KUMAR
ADDL. CHIEF METROPOLITAN MAGISTRATE: SOUTH DISTT.
SAKET COURTS COMPLEX :NEW DELHI
State Vs. Sajjan Thakur etc.
PS Sarojini Nagar
FIR No. 52/99
U/s 147/148/149/353/332/186 IPC
JUDGMENT
a) Serial number of the case : 02403R0028042000
b) Date of commission of offence : 05.02.1999
c) Name of the complainant, if any: Sh. Ravi Mohan Trehan S/o Sh. Tilak Raj Trehan
d) Name & address of accused : 1. Sajjan Thakur S/o Sh. Jangli Thakur R/o Juhggi Indira Camp, Wireless, Road, Near S.J. Hospital, New Delhi.
2. Guneshwar Mehto S/o Sh. Lal Dhari Mehto, R/o Jhuggi No. 398, Indira Camp, New Delhi. ( since expired )
e) The offence complained off : U/s 147/148/149/353/332/186 IPC
f) The plea of accused : Not pleaded guilty.
g) Final order : Acquitted -2-
h) The date on which order was reserved:Not reserved for
i) The date of such order : 06.02.2012 BRIEF STATEMENT OF THE REASONS FOR THE DECISION:
1. By this judgment, I will dispose of the case of the prosecution based on FIR No. 52/99, PS Sarojini Nagar.
The brief facts of the case as per prosecution are that on 05.02.1999 at about 12:00 noon at Factory Road A.M within the jurisdiction of PS Sarojini Nagar accused persons had obstruct the public servant in discharge of his public duties by using tones as a weapon and cause injury to SI Bishan Singh by pelting stones and voluntarily obstructed the complainant who was a public servant while he was discharging his public function and also assaulted him and voluntarily caused hurt to him.
2. After the investigation, IO filed chargesheet. Accused was summoned and provided with the copies of the chargesheet.
Charge U/s 147/148/149/353/332/186 IPC was framed against the accused who pleaded not guilty and claimed trial.
3. To prove their case, prosecution examined PW1 HC Harsh Kumar who was DO at PS Sarojini Nagar who recorded the formal FIR Ex. PW 1/A. PW2 SI Manish Joshi who was giving police protection to NDMC staff -3- and endorsed the complaint vide Ex. PW 2/A. He deposed that no police party was injured, however, one official of NDMC was injured.
PW3 SI Bishan Singh WSI Neel Mani who was the duty officer deposed that she had registered the FIR on the basis of rukka handed over by HC Rajender Singh and exhibited FIR as Ex.PW3/A and endorsement on rukka as Ex.PW3/B. PW4 HC Rajender Kumar who was the beat officer on that day and was on patrolling. He proved identification memo Ex. PW 4/A and Ex. PW 4/B and personal search memo Ex. PW 4/C and Ex. 4/D. PW5 Sh. Rajesh Somal, Director, Social Welfare, Govt of NCT who was the Director ( Enforcement ) NDMC. He has proved the complaint Ex. PW 5/A.
4. ASI P.C. Patel is a formal witness in the case who has arrested accused and filed the chargesheet.
In these circumstances, IO is not required to be examined. PE is closed.
Since nothing incriminating has come on record against the accused his statement U/s 313 is dispensed with.
Final arguments were heard.
I have gone through documents on record, evidence and submissions forwarded by Counsels for accused and Ld. APP for State. -4-
As clear from the testimony of other witnesses, accused were not arrested on the same day at the spot. They have been arrested later on.
5. NDMC official have already been examined wherein they have not identified any of the accused even the present accused.
Since the accused has not been identified by any of the eye witness. In absence of the same, in my considered opinion prosecution has failed to prove its case beyond reasonable doubt.
Accordingly, accused Sajjan Thakur S/o Sh. Jangli Thakur is acquitted for the offence U/s 147/148/149/353/332/186 IPC.
He be released if not wanted in any other case. Announced in the open court today i.e. 06th February, 2012 (Mukesh Kumar ) ACMM/ South Distt.
Saket Courts/ New Delhi
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State Vs. Sajjan Thakur etc.
PS Sarojini Nagar
FIR No. 52/99
U/s 147/148/149/353/332/186 IPC
06.02.2012
Present: Ld. APP for the State.
Accused Sajjan Thakur produced from JC.
Accused Guneshwar Mehto is stated to be expired. PW SI P.C. Patel is present.
He is a formal witness in the case who filed the chargesheet after arrest.
In these circumstances, IO is not required to be examined. PE is closed.
Vide separate judgment dictated and announced in the court today, the accused namely Sajjan Thakur S/o Sh. Jangli Thakur is hereby acquitted for the offence U/s 147/148/149/353/332/186 IPC.
He be released if not wanted in any other case. His Bail bonds extended as per section 437A Cr.PC for six months. File be consigned to record room.
Announced in the open court today i.e. 06th February, 2012 (Mukesh Kumar ) ACMM/ South Distt.
Saket Courts/ New Delhi