Delhi District Court
Sc No.71/15 State vs Duli Chand Etc. Page No. 1/18 on 27 August, 2015
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI
COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.71/15 and OLD NO. 34/2011
ID No. 02401R0029672011
FIR No. 56/10
P.S Khyala
U/S 324/308/34 IPC
STATE
VERSUS
(1) Duli Chand
S/o Sh.Hari Lal
R/o WZ283/115, Gali No.4,
Vishnu Garden, Delhi.
(2) Mohan Lal
S/o Sh.Duli Chand
R/o WZ283/115, Gali No.4,
Vishnu Garden, Delhi.
(3) Rohtash
S/o Sh.Duli Chand
R/o WZ283/115, Gali No.4,
Vishnu Garden, Delhi.
DATE OF INSTITUTION : 21.03.2011
DATE OF RESERVING THE ORDER : 12.08.2015
DATE OF DECISION : 25.08.2015
JUDGEMENT
1. In brief, the case of the prosecution is that on receipt of DD no. 44A, ASI Dharam Pal alongwith Ct.Bhim Singh went at SC No.71/15 State Vs.Duli Chand etc. Page No. 1/18 WZ283/115 Gali No. 4, Vishnu Garden, Delhi and he came to know that PCR had taken all the three injured persons to DDU hospital. ASI alongwith Ct.Bhim Singh reached at DDU hospital and collected MLC of Bhagwan Dass, Harjinder Singh and Jugal Kishore. Statement of Jugal Kishore was recorded and he stated that he is running a Dry Clean shop. On 12.04.2010, at about 09:30 PM, he after closing his shop, was coming to his house, then in a gali, his grand father Duli Chand, uncle Rohtash Kumar and Mohan Lal met him and they asked him to withdraw the case filed by his mother. The complainant told them to give his complete share then he will withdraw the case. On hearing this, Duli Chand and Mohan Lal caught hold the complainant and Rohtash Kumar has given blows on the head, back and hand with empty bottle. When he ran, then due to scuffle, Mohan Lal fell down and received injury on his forehead. On hearing about the quarrel, his maternal uncle Bhagwan Dass also came at the spot. His grand father and both the uncles entered in their house and bolted the door from inside. He has further stated that from the first floor, Duli Chand had given acid bottles to his sons Rohtash and Mohan Lal and asked them to pour acid. Mohan Lal and Rohtash had thrown acid bottle on him as well as on Bhagwan Dass. He received injuries on his back and head and his uncle Bhagwan Dass also received injuries on his back and head. One passerby namely Harjinder Singh who was passing through the gali, also received some drops of acid. Thereafter, many persons collected there. He dialed number 100. PCR came there and SC No.71/15 State Vs.Duli Chand etc. Page No. 2/18 they were shifted to DDU hospital.
2. On the basis of statement of Sh.Jugal Kishore, FIR No. 56/2010 U/s 324/34 IPC PS Khyala was registered against all the three accused persons and the investigation of this case was carried out.
3. During investigation, site plan was prepared. Statements of witnesses were recorded. Disclosure statements were recorded. Accused persons were arrested. During investigation, Section 308 IPC was added. Thereafter, chargesheet was filed before the Court.
4. Charge for the offence punishable U/s 308/323/34 IPC against all the three accused persons was framed by my Ld.Predecessor on 05.09.2011 to which they pleaded not guilty and claimed trial.
5. To prove its case, prosecution has examined as many as 8 witnesses i.e. PW1 HC Hari Ram, PW2 HC Mahavir, PW3 Dr.Uday Kumar Singh, PW4 Dr.Anurag Jain, PW5 Jugal Kishore, PW6 Harjender, PW7 Bhagwan Dass and PW8 SI Dharampal.
6. Thereafter, Statements of accused persons U/s 313 Cr.P.C. were recorded, wherein accused Duli Chand has stated that this is a false case against him as his grand son alongwith his mother and maternal uncle wants to grab more property and money from him and in order to compel him to give the same to them, they have got filed this false case against them. On the said day of incident, Jugal Kishore, his maternal uncle alongwith other persons had come at his residence and attacked him, his two sons Rohtash and Mohan Lal and damaged household articles kept therein. He has SC No.71/15 State Vs.Duli Chand etc. Page No. 3/18 further stated on the day of incident, neither Jugal Kishore nor his mother nor his sister were residing alongwith him and on the day of incident, he and his mother alongwith his sister were residing at NE51, Vishnu Garden. He has further stated that neither he nor his sons inflicted any injury to Jugal Kishore or anyone else rather they caused injuries to his son and damaged his household articles. Other two accused persons have also stated the same facts as stated by accused Duli Chand in the statement U/s 313 Cr.P.C. All the accused persons had also examined Sh.Parishit Verma as DW1 and Mohd.Nasir as DW2 in their defence.
7. PW1 HC Hari Ram has proved the FIR of this case as Ex.PW1/A and his endorsement on the rukka as Ex. PW1/B.
8. PW2 HC Mahavir has proved the DD no. 44A as Ex. PW2/A which was regarding quarrel at WZ283/115, Gali no. 10, Khyala, Delhi.
9. PW3 Dr.Uday Kumar Singh, Medical Officer, DDU Hospital has proved the MLC of injured Jugal Kishore Ex.PW3/A which was prepared by Dr.A.A.Kaushik and identified his signatures at point A on the said MLC. He has further stated that as per MLC, on examination, patient was conscious and oriented, his vitals were normal and no abnormalities were detected in CVS and CNS and five injuries were found as detailed in MLC Ex.PW3/A. The patient was referred to Plastic and Ortho department.
This witness has also proved the MLC of injured Bhagwan Dass as Ex.PW3/B which was prepared by Dr.A.A.Kaushik and identified his signatures on the MLC at point SC No.71/15 State Vs.Duli Chand etc. Page No. 4/18 A. He has further stated that as per MLC, on examination, the patient was conscious and oriented, his vitals were normal and no abnormalities were detected in CNS and CVS and two injuries were found as detailed in the MLC Ex. PW3/B. The patient was referred to Plastic Surgeon department.
This witness has also proved the MLC of injured Harjinder Singh as Ex.PW3/C which was prepared by Dr.A.A.Kaushik and identified his signatures on the MLC at point A. He has further stated that as per MLC, on examination, the patient was conscious and oriented, his vitals were normal and no abnormalities were detected in CNS and CVS and three injuries were found as detailed in the MLC Ex. PW3/C. The patient was referred to Burn and Plastic Surgery department.
10.PW4 Dr.Anurag Jain, Head of Department(Plastic Surgery), DDU hospital has identified the signatures of Dr. Dushiyant, Jr.Resident, Department of Plastic Surgery at points A, on the MLCs of the patients Jugal Kishore, Bhagwan Dass and Harjinder Singh Ex.PW4/A, Ex.PW4/B and Ex.PW4/C. This witness has also proved the opinion of Dr.Sanjay vide his endorsement on the MLC Ex.PW4/B of Bhagwan Dass and on the MLC Ex.PW4/C of Harjinder Singh, at point B. He has further stated that as per the endorsement of Dr.Sanjay on both the MLCs, the nature of injuries were found simple.
11.PW5 Jugal Kishore has deposed that at the time of incident i.e.on 12.04.2010, he alongwith his family members were residing at WZ283/115, IIIrd floor, Maddiwali Gali no.4, Vishnu Garden, SC No.71/15 State Vs.Duli Chand etc. Page No. 5/18 Delhi, which belong to his grand father namely Duli Chand and was running a dry clean shop by the name of Pooja Dry Cleaners at NE51, Vishnu Garden, Delhi. He has further stated that he used to enter his house from the back side through gali. His father Nawal Kishore had expired in the year 2006 and he alongwith his mother, brother Gaurav and sister Pooja were residing the said house of his grand father. He has further stated that the other accused persons namely Rohtash Kumar and Mohan Lal who are his Uncles (Chachas), were also residing alongwith their families in that house. His grand father and both the uncles wanted to evict them from that house after the death of his father and for that reason, they had filed a Civil Case against the accused persons to prevent them from evicting them from the said house.
This witness has further stated that on 12.04.2010, at about 09:30 PM, he was going towards his house after closing his dryclean shop and when he tried to enter his house through back side from the gali, all the three accused persons caught hold of him and told him that he should get the case filed by his mother withdrawn which was against them. He told them that they should give him due share and thereafter, he would move out of that house. He has further stated that his both uncles Rohtash and Mohan Lal were having an empty glass bottle with them and they hit him with that glass bottle one by one on his head and back. He tried to save himself from the clutches of his uncles and during grappling his uncle Mohan Lal fell down and he received SC No.71/15 State Vs.Duli Chand etc. Page No. 6/18 injuries on his head. He also received injuries on the back side of his left hand. He has further stated that after some time, his maternal uncle Bhagwan Dass also reached there on coming to know about the quarrel and he was not allowed to enter upstairs where he was residing as accused persons bolted the entrance from inside. When Bhagwan Dass reached there, his grand father saw him from upstairs. His grandfather threw acid from upstairs which fell on his stomach and his left shoulder and also on Bhagwan Dass. That acid also fell on one of the passerby namely Harjinder on his head. People collected there and he called police at no.100 and PCR van reached there and they took him, Bhagwan Dass and Harjinder to DDU hospital where they were got medically treated. This witness has proved his statement as Ex. PW5/A. He has also identified his brown colour shirt as Ex. P. 1 and his Vest as Ex. P.2.
This witness was declared hostile and crossexamined by the Ld.Chief Public Prosecutor for the State wherein he has admitted that first Rohtash Kumar had thrown acid upon him, Bhagwan Dass and passerby Harjinder Singh and when the bottle from which acid was being thrown, got emptied, accused Duli Chand handedover another bottle to his another son i.e.accused Mohan Lal and Mohan Lal also threw acid from that bottle upon him, Bhagwan Dass and passerby Harjinder Singh from upstairs. In the crossexamination done by the Ld.Chief Public Prosecutor, this witness has proved the arrest memos of all the three accused persons as Ex.PW5/B, Ex.PW5/C and Ex.PW5/D and their SC No.71/15 State Vs.Duli Chand etc. Page No. 7/18 personal search memos as Ex.PW5/E, F and G and stated that they were arrested at his instance.
12.PW6 Harjinder has deposed that on 12.04.2010 at about 09:30 PM, he was coming back from his in laws house and when he came in front of the house of Duli Chand, he saw a quarrel was going on between Duli Chand, Rohtash and Mohan Lal on one side and Jugal Kishore and his uncle Bhagwan Dass on the other side. There was only exchange of hot words. He has further stated that accused Duli Chand went upstairs and brought a bottle of acid and handedover the same in the hands of accused Rohtash and exhorted him "इन सालो के उपर तेजाब डाल दो" and on this accused Rohtash threw the acid on Jugal Kishore and Bhagwan Dass. Meanwhile accused Duli Chand handedover the second bottle of acid to Mohan Lal and he threw it on Jugal Kishore and Bhagwan Dass. He has further stated that as he was there, some stains of acid also fell on him. Jugal Kishore called at no.100 and PCR Van reached there and he alongwith two other injured Jugal Kishore and Bhagwan Dass were taken to hospital.
13.PW7 Bhagwan Dass has deposed that on 12.04.2010 in the evening, on coming to know about the quarrel of his nephew Jugal Kishroe with accused Duli Chand and his sons namely Rohtash and Mohan Lal, he went to his shop. The door was closed and the same was not opened for going upstairs. He has further stated that all the three accused persons were quarreling with his nephew Jugal Kishore. This witness has further stated that then accused Duli Chand brought a bottle of acid and SC No.71/15 State Vs.Duli Chand etc. Page No. 8/18 handedover the same in the hands of accused Rohtash and exhorted him "इन सालो के उपर तेजाब डाल दो" and on this accused Rohtash threw the acids on him and Jugal Kishore from the first floor. Meanwhile accused Duli Chand again handedover the second bottle of acid to accused Mohan Lal and he threw on him and Jugal Kishore from the first floor. One Harjinder Singh had also received some stains of acid who was also in the gali. Jugal Kishore called at no.100 and PCR Van reached there and he alongwith two other injured Jugal Kishore and Harjinder Singh were taken to hospital.
14.PW8 SI Dharampal, IO of the case has deposed that on 12.04.2010, at about 10:15 PM, DD entry 44A Ex.PW2/A was marked to him and he alongwith Ct.Bhim Singh reached at WZ283/15, Vishnu Garden, where it was revealed that the injured had been taken to hospital by PCR. He collected the MLCs of injured persons and recorded statement of Jugal Kishore which is proved as Ex. PW5/A. This witness has also proved the rukka Ex.PW8/A. He has also stated that the doctor handedover him three sealed pullandas stated to be containing the clothes of injured persons and he seized the same vide memo Ex. PW8/B. This witness has proved the Site plan as Ex. PW8/C, Arrest memos of accused persons Ex.PW5/B to Ex. PW5/D and their personal search memos Ex.PW5/E to Ex.PW5/G. He has further stated that after collecting the result of MLC, the offence U/s 308 IPC was added.
15.DW1 Sh.Parikshit Verma has deposed that he knew both the SC No.71/15 State Vs.Duli Chand etc. Page No. 9/18 parties. Complainant Jugal Kishore is his school friend. He knew Jugal Kishore for quite a long period of 10/12 years and since then he has been residing at NE51, Vishnu Garden, Delhi. He has further stated that Jugal Kishore has got his own house at NE51 and he has nothing to do with the premises of his grand father. He never resided in the premises of his grandfather and uncles live. He has further stated that about three years ago, during the day on 12th April, Jugal Kishore, his maternal uncle Bhagwan dass and one Sikh person came to him and they told him that as some altercation has taken place between Jugal Kishore and accused persons and he wanted to teach them a lesson and he wanted to beat them. He declined for the same.
This witness has further stated that on the same evening, he was standing in the gali, meanwhile Jugal Kishore with his maternal uncle Bhagwan Dass, Harjinder Singh and some unknown persons came and caught hold Rohtash. They all started beating Rohtash. They were having sticks etc. Meanwhile, accused Mohan Lal rushed towards Rohtash in order to rescue him. Even Mohan Lal was given beatings by these persons and a danda was hit on his head in which he sustained injuries. Both Rohtash and Mohan Lal in order to save themselves rushed into their house. He has further stated that the above named persons followed them and they tried to break the doors of the house of the accused persons and they were hurling abuses. The door was broken. The above named persons caused damage to the house after entering into the same. Duli Chand was raising alarm for SC No.71/15 State Vs.Duli Chand etc. Page No. 10/18 help.
16.DW2 Mohd.Nasir has deposed that on 12.04.2010 at about 09:30 to 10:00 AM, he was going to take milk from the dairy situated at B1 Block. He saw 34 boys were beating Rohtash. On this Chinku brother of Rohtash came out of his house and those boys also started beating him as well. He tried to intervene but Papu asked him to stand aside. Pappu is nephew of accused Rohtash. He knew Pappu since his birth as he constructed the house of Pappu. He knew accused Rohtash since when he came to Delhi as he also constructed his house. Thereafter, all the persons alongwith Pappu forcibly entered in the house of Rohtash. Thereafter, police came and took Chinku alongwith them to PS.
17.I have heard Ld.Chief. P.P.for the State and Sh. Ghanshyam Mishra, ld. Counsel for all the accused persons and have perused the record carefully.
18.It is vehemently contended by the ld.defence counsel for the accused persons that the accused persons have been falsely implicated in this case. The complainant and the accused persons are close relatives. A civil litigation is pending between the parties. The complainant Jugal Kishore had lodged a false case earlier against the accused Rohtash and Mohan Lal and the same was found false by the police and the proceedings U/s 182 IPC was initiated against him. There is no report of alleged incident of Acid. No case U/s 308 IPC is made out against the accused persons. Complainant himself received injuries and falsely SC No.71/15 State Vs.Duli Chand etc. Page No. 11/18 implicated the accused persons. It is prayed that accused persons be acquitted in this case.
19.On the other hand, it is contended by the Ld.Chief Public Prosecutor for the State that the prosecution has fully proved its case. The testimonies of all the PWs have corroborated with each other. It is prayed that the accused persons be convicted.
20.Now I am dealing with the contentions of ld. Counsel for the accused persons one by one.
21.It is contended by the ld. Defence counsel for the accused persons that the PW5 Jugal Kishore is the grand son of the accused Duli Chand. A civil dispute was pending between the parties. PW5 Jugal Kishore has falsely deposed in the court that he was residing at WZ283/15, Vishnu Garden, Delhi.
Even if PW5 Jugal Kishor had deposed falsely that he was residing at WZ283/15, Vishnu Garden, Delhi, then it is not a case of acquittal, particularly, when the accused persons did not place on record any document to show that PW5 Jugal Kishore was residing at NE51, Vishnu Garden, Delhi. PW5 Jugal Kishore has specifically deposed that his both uncles Rohtash and Mohan Lal were having empty glass bottles in their hands and they hit him one by one. In the statement given to the police, PW5 Jugal Kishore has deposed that accused Duli Chand and Mohan Lal had caught hold him and accused Rohtash had given blows with empty glass bottle on his head, back and hand. Even if PW5 Jugal Kishore had made some exaggerations that accused Mohan Lal also given blows with empty glass bottle on his back, I am of SC No.71/15 State Vs.Duli Chand etc. Page No. 12/18 the view that it is not helpful to the accused persons, when the presence of all the accused persons is not disputed by them.
22.After receiving injuries by PW5 Jugal Kishore, there is incident of throwing acid bottles by accused Rohtash and Mohan Lal and this incident was seen by PW6 Harjinder Singh and PW7 Bhagwan Dass. PW5, PW6 and PW7 have categorically stated that accused persons entered in their house and they came on the first floor of their house. Accused Duli Chand gave acid bottle to Rohtash and accused Rohtash threw the acid bottle on them. Accused Duli Chand again gave acid bottle to accused Mohan Lal and accused Mohan Lal also threw the acid bottle on them. In the present case, PW5, PW6 and PW7 received acid injuries. Ld. Counsel for the accused persons is not able to shatter the testimonies of PW5, PW6 and PW7 in any manner.
23.The accused persons have not denied their presence at the spot at the time of incident. During arguments, it is vehemently contended by the ld. Counsel for the accused persons that accused persons have been falsely implicated in this case and injuries received by the complainant are self inflicted.
No evidence has been placed on record by the accused persons to show that the injuries received by the complainant are self inflicted. Perusal of the MLC Ex.PW3/A of Jugal Kishore reveals that Jugal Kishore has received following injuries :
(1) CLW over the left tempoparietal area 3 x 0.5 cm. (2) 3 Linear CLW over the back at lumbar area about 5 x 0.25 cm, 4 x 0.25 cm and 3.5 x 0.25 cm SC No.71/15 State Vs.Duli Chand etc. Page No. 13/18 (3) Burn mark over the abdomen, three patches i.e. two in left lumber and one in epigastric area (4) Abrasion over the right shoulder.
(5) CLW over the left dorsal of hand 3 x 1cm No question was asked to PW5 that the injuries on the person of PW5 are self inflicted. Thus, this contention carries no force.
24.It is vehemently contended by the ld. Counsel for the accused persons that PW5,PW6 and PW7 alongwith some other persons attacked on the accused persons and accused Mohan Lal received injuries.
I have perused the statement of DW1 Sh.Parikshit Verma. He has deposed that on the day of incident, he was standing in the gali, meanwhile Jugal Kishore with Bhagwan Dass, Harjinder Singh and some other persons came and caught hold Rohtash. They all started beating Rohtash. They were having sticks etc. Meanwhile, accused Mohan Lal rushed towards Rohtash in order to rescue him and Mohan Lal was given beatings by these persons and a danda was hit on his head in which he sustained injuries.
DW1 Sh.Parikshit Verma in the crossexamination also deposed that he knew PW5 Jugal Kishore for the last 10/12 years but in the crossexamination he did not tell the name of father of Jugal Kishore. He also stated that he did not know the address of accused persons. If the address of the accused persons is not known to DW1, then it is not probable that he had visited the SC No.71/15 State Vs.Duli Chand etc. Page No. 14/18 house of accused persons. This witness also stated that he had not made any complaint to the police.
DW2 Mohd.Nasir has given the date and time of incident as 12.04.2010 at about 09:30 AM to 10:00 AM. Deposition of this witness cannot be believed as the incident is of 12.04.2014 at about 09:30 PM. Thus, testimonies of both DW1 and DW2 are of no help to the accused persons.
25.Moreover, in the present case, accused persons had not examined themselves as defence witnesses. No medical evidence has been placed on record to show that accused Mohan Lal and Rohtash have received injuries at the hands of PW5, PW6 and PW7. Thus, in absence of any MLC or any document, it is not proved that the complainant party had attacked the accused persons. It is admitted fact that no complaint was made by any of the accused persons against the complainant party. The accused persons had not given any explanation as to why they did not make any complaint to the police. Thus, defence put forward by the accused persons cannot be accepted.
26.PW5 has categorically deposed that he was given empty glass bottle blows by accused Rohtash, when he was caught hold by accused Duli Chand and Mohan Lal and he also received burn injuries due to the acid. Moreover, injuries mentioned on the person of PW5 Jugal Kishore corroborate his occular version. PW6 Harjinder Singh and PW7 Bhagwan Dass also received acid burn injuries and their presence at the spot cannot be doubted.
27.It is also vehemently contended by the ld. Counsel for the SC No.71/15 State Vs.Duli Chand etc. Page No. 15/18 accused persons that PW7 Bhagwan Dass is the maternal uncle of PW5 Jugal Kishore and he has no occasion to visit the house of accused persons.
PW7 Bhagwan Dass in crossexamination specifically stated that he came to the house of Jugal Kishore in a routine and on reaching there, he came to know about the quarrel. Moreover, ld. Counsel for the accused persons is not able to shatter the testimonies of PW5, PW6 and PW7 in any manner. The testimonies of PW5, PW6 and PW7 inspire confidence and their testimonies remained unchallenged during crossexamination by the accused persons.
28.It is further contended by the ld. Counsel for the accused persons that prosecution is not able to prove that the chemical thrown upon PW5, PW6 and PW7 was acid. Thus, benefit of doubt should be given to all the accused persons.
I fail to appreciate this contention of the ld.defence counsel as admittedly PW5, PW6 and PW7 received burn injuries and if the clothes of the injured persons were not sent to FSL by the IO, then this lapse on the part of IO, is not fatal to the case of the prosecution.
29.It is also vehemently contended by the ld.defence counsel that complainant is in a habit of giving false complaints against the accused persons. He has also lodged a false complaint against the accused persons for which he is facing trial U/s 182 IPC.
I fail to appreciate this contention of the ld.defence counsel. Even if PW5 has given false complaint against the SC No.71/15 State Vs.Duli Chand etc. Page No. 16/18 accused persons earlier, then it is not proved that this false case was lodged by PW5 Jugal Kishore against the accused persons. Admittedly, all the injured persons i.e.PW5, PW6 and PW7 received injuries. Thus, this contention carries no force.
30.It is further contended by the ld. Counsel for all the accused persons that there are some contradictions between PW5, PW6 and PW7.
I have perused the deposition of PW5, PW6 and PW7. There is no major contradiction between the deposition of PW5, PW6 and PW7 which go to the root of the case.
31.It is further contended by the ld. Defence counsel for all the accused persons that no case U/s 308 IPC is made out against the accused persons. It is also contended by the ld.counsel for the accused persons that there is no opinion of the doctor to show that the injuries on the person of PW5 Jugal Kishore are given with the intention of causing culpable homicide not amounting to murder. Accordingly, no case U/s 308 IPC is made out against all the accused persons I have perused the MLC of PW5 and as per the MLC, PW5 received so many injuries. However, perusal of the file reveals that the IO has not taken the opinion of any doctor regarding the injuries received by PW5. There is no opinion whether injuries on the person of PW5 Jugal Kishore is simple or grievous. Further there is no evidence on record that the accused persons had intention or knowledge to commit the culpable homcide of PW5 Jugal Kishore. Thus, in absence of opinion of the doctor SC No.71/15 State Vs.Duli Chand etc. Page No. 17/18 regarding nature of injuries received by PW5, accused persons cannot be held guilty and convicted for the offence U/s 308 IPC. Accordingly, all the accused persons namely Duli Chand, Mohan Lal and Rohtash are hereby acquitted for the offence U/s 308/34 IPC. Further as per the opinion of Dr.Sanjay which was proved by PW4 Dr.Anurag Jain, the nature of injuries found on the person of injured Bhagwan Dass and Harjinder Singh were simple and all the PWs have also received acid burn injuries, I am of the view that prosecution has able to prove its case for the offence U/s 324/34 IPC against all the accused persons. Accordingly, all the accused persons namely Duli Chand, Mohan Lal and Rohtash are held guilty and convicted for the offence U/s 324/34 IPC.
They be heard on the Quantum of Sentence.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON:25.08.2015. ASJ05 (West), THC, Delhi.
SC No.71/15 State Vs.Duli Chand etc. Page No. 18/18IN THE COURT OF SH. NARESH KUMAR MALHOTRA, ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI COURTS, DELHI.
IN THE MATTER OF SESSIONS CASE NO.71/15 and OLD NO. 34/2011 ID No. 02401R0029672011 FIR No. 56/10 P.S Khyala U/S 324/308/34 IPC STATE VERSUS (1) Duli Chand S/o Sh.Hari Lal R/o WZ283/115, Gali No.4, Vishnu Garden, Delhi.
(2) Mohan Lal S/o Sh.Duli Chand R/o WZ283/115, Gali No.4, Vishnu Garden, Delhi.
(3) Rohtash S/o Sh.Duli Chand R/o WZ283/115, Gali No.4, Vishnu Garden, Delhi.
27.08.2015 :
Present : Sh.R.K.Pandey, Ld. Chief Addl. P.P.for the State.
All the Convicts are in person with Sh. Ghanshyam Mishra, Adv.
Complainant/injured Jugal Kishore, Bhagwan Dass and Harjinder Singh are in person.SC No.71/15 State Vs.Duli Chand etc. Page No. 19/18
Arguments on the point of Sentence have been advanced.
Contd....2.SC No.71/15 State Vs.Duli Chand etc. Page No. 20/18 : 2 :
It is contended by the ld. Counsel for the convicts that convict Duli Chand is aged about 72 years, convict Rohtash is aged about 44 years and convict Mohan Lal is aged about 42 years. It is also contended that all the convicts are ready to pay compensation to all the injured persons. PW5 Jugal Kishore is the real grand son of convict Duli Chand. Convict Rohtash is having three children and convict Mohan Lal is also having three children. The wife of convict Duli Chand is paralyzed. It is also prayed that convicts be enlarged on probation. It is prayed that lenient view be taken.
At this stage, PW5 Jugal Kishore, PW6 Harjinder Singh and PW7 Bhagwan Dass submit that they do not want any compensation.
On the other hand, it is contended by ld. Chief Public Prosecutor for the State that all the convicts threw acid on the injured persons and complainant PW5 Jugal Kishore received as many as eight injuries on his body. It is prayed that no lenient view be taken.
Incidents of causing injuries with Acid are on high rise in society and the Parliament has inserted Section 326A IPC and as per Section 326A IPC, the punishment is not less than 10 years.
Taking into consideration that PW5 Jugal Kishore has received eight injuries on his body, I deem it appropriate, if all the convicts namely Duli Chand, Mohan Lal and Rohtash are sentenced to undergo Simple Imprisonment for six months each and fine of Rs.2,000/ each and in default of payment of fine, to further undergo SI for one month each U/s 324/34 IPC. Further it is SC No.71/15 State Vs.Duli Chand etc. Page No. 21/18 ordered that all the convicts shall pay an amount of Rs.5,000/each i.e.total Rs.15,000/ (Rupees fifteen thousand only) as compensation to PW5 Jugal Kishore. It is further ordered that all the Contd.....3.SC No.71/15 State Vs.Duli Chand etc. Page No. 22/18 : 3 :
convicts shall pay an amount of Rs.4,000/ to PW6 Harjinder Singh and Rs.4,000/ to PW7 Bhagwan Dass as compensation.
Fine paid by all the convicts against receipt. Compensation amount paid to all the injured persons by the convicts.
Benefit of Section 428 Cr.P.C. be given to all the convicts. Copy of the Judgment and Order on Sentence be given to all the convicts free of cost.
File be consigned to record room.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON: 27.08.2015. ASJ05 (West), THC, Delhi.SC No.71/15 State Vs.Duli Chand etc. Page No. 23/18