Delhi District Court
State vs Rajesh Sahni on 26 August, 2019
IN THE COURT OF SH. ARUN GOEL METROPOLITAN MAGISTRATE07, NORTH, ROHINI COURTS, DELHI State Vs Rajesh Sahni FIR No.167/09 PS. Swaroop Nagar U/s. 304A IPC JUDGMENT
1) The date of commission : 12.07.2009
Of offence
2) The name of the complainant : ASI Gabruddin
3) The name & parentage : Rajesh Sahni
S/o Sh. Dukhan Sahani
Of accused r/o Gali no.1, BlockA, DCM
colony, Ibrahimpur, Delhi.
4) Offence complained of : 304A IPC
5) The plea of accused : Pleaded not guilty
6) Final order : acquitted
7) The date of such order : 06.08.2019
Date of Institution : 19.03.2010
Judgment reserved on : 26.08.2019
Judgment announced on : 26.08.2019
FIR No.167/09 State Vs Rajesh Sahni 1/11
THE BRIEF REASONS FOR THE JUDGMENT:
1. The case of the prosecution is that on 12.07.2009 at about 4:00 pm, at house no.5, Gali no.1, partII, DCM colony, Nathupura, Delhi within the jurisdiction of PS Swaroop Nagar, accused Rajesh Sahni omitted to get repair the high power wires which were passing through the roof of his house and without getting repair those wires, He made Montu to clean water tank without providing safety measures, due to which Montu got electrocuted by electric shock and succumbed to his injuries resulting in death of Montu @ Mantu. An Fir was registered. Thereafter, investigation was done in this case and then chargesheet u/s 304A IPC was filed against the accused. Accused was summoned. He was supplied the documents in compliance of section 207 Cr.P.C.
2. Thereafter, notice was framed upon the accused on 07.06.2012 to which he pleaded not guilty and claimed trial.
3. Matter was listed for prosecution evidence. Prosecution examined following witnesses :
4. Sh. Promod Kumar was examined as PW1. He was the brother of deceased namely Montu. He identified the dead body of deceased vide Identification memo Ex. PW1/A. FIR No.167/09 State Vs Rajesh Sahni 2/11
5. Sh. Kishori Lal was examined as PW2. He is tea vendor by profession. He deposed that on 12.07.2009 during day time one driver told him that one boy fell down from the roof of Rajesh. Thereafter he immediately rushed to the spot and where he found Montu, who was lying on the road in unconscious condition. He tried to recover him by artificial pumping the oxygen(by pressing the chest of the boy) however he could not recover and Montu was shifted to hospital.
6. Sh. Suresh Chand was examined as PW3. He deposed that he know the accused as he was also residing at the same street where accused was residing. On the day of the incident he was present at his house and saw that one boy fell down from the roof of the house of accused Rajesh. He rushed to the spot and injured was shifted to BJRM hospital. As witness was resiling from his previous statement given to the police, he was cross examined by the Ld. APP for the State.
7. PW 4 Sh. Lal Babu Rai who is the father of deceased namely Montu. He deposed that once he had visited the house of accused and found that his son was Montu was cleaning the water tank at the roof of the house of accused. On seeing the same, he requested the accused that the water tank should not be cleaned through his son as there was nude heavy electric wire was hanging/situated. However accused did not pay any heed towards his request and he took his son to his native place. After about 23 FIR No.167/09 State Vs Rajesh Sahni 3/11 months, the brother of accused came at his house and took his son to Delhi at the house of accused as the native place of accused is same with the witness. When his son was taken to Delhi he was not present at his house but he know about this fact through the relatives of the accused.
On 12.07.2009 he received a call from the neighbours of the accused that his son was caught by electric current. Thereafter, he came to Delhi and went to LNJP hospital where he found his son in injured condition. He came to know that his son was caught in electric current when he was cleaning the water tank at the house of the accused. He narrated the whole incident to the police. Witness identified the dead body of the deceased vide identification statement Ex.PW4/A and also dead body of his son was handed over to him vide receipt ExPW4/B.
8. PW 5 Sh. Rajeshwar Shah. He deposed that he had heard some noise of mob which gathered at the house of accused Rajesh and on hearing the noise he reached the spot and found a boy who was lying in a injured condition on the back side portion of the house of the accused Rajesh. He advise to the people who gathered to take the injured to the hospital and thereafter the injured was taken to the hospital. Witness was cross examined by the Ld. APP for the State as he was resiling from the statement given to the police.
9. PW 5 Arun Kumar Aggarwal, Deputy Electrical Inspector, Labour Department, GNTD, 5, Sham Nath Marg, Delhi. He deposed that on 07.01.2010 he was posted at Assistant Electrical Inspector in labour FIR No.167/09 State Vs Rajesh Sahni 4/11 department, GNCTD. on that day his department received request regarding inspection of the accident site i.e House no. 3, Gali no.1, A block, DCM colony, Ibarhimpur, Delhi. On 02.02.2010 he alongwith ASI Gabruddin visited to the spot and inspected the accidental site which was situated at the first floor of the said house. The high attention line was passing from just over the said house. The minimum vertical clearance sale between the lower conductor of the said line and the highest point of the said building was measured and found to be .9 meter whereas, it should be not less than 3.7 meter as per the requirements of the provisions of 80(1)(A) of Indian Electricity Rules, 1956. He prepared his detailed report which is Ex.PW5/A. He handed over the report to IO.
10. Photographer Sh. Joginder Kumar was examined as PW6. He stated that on 12.07.2009 he went to House no.5, Gali no.1, DCM colony and took the photographs of the spot of incident at the instance of IO. Thereafter he handed over the photographs to IO. IO recorded his statement. Witness correctly identified two photographs Ex. P1 to Ex. P2 shown to him.
11. PW 7 Sh. Sandeep Bhardwaj. He deposed that in the year 2009 he was Zonal Manager of the Zone no.511. in that year there was one power line of the power of 11,000Kv which was passing through the DCM colony. The NDPL had issued the notice many times to the house which was found constructed near and beneath the 11,000KV power line. This house FIR No.167/09 State Vs Rajesh Sahni 5/11 belongs to Rajesh Sahni. The department issued notice regarding the power line. However public person generally get agitated and some person also do not receive the notice. A copy of the notice was also sent to MCD. The power line being high voltage lien is not quoted and is bare conductor of electricity. A notice was also served by the JE of the department and counter signed by him to Rajesh.
12. PW 8 HC Naresh. He deposed that 12.07.2009 he was duty officer from 8:00 am to 4:00 pm. At about 4:36 PM he received a PCR call through wireless operator regarding an accident due to electrocution at near Pooth Boht, Ibrahimpur bus stand, DCM colony. He recorded the said information in DD register vide DD no.18A PS Swaroop Nagr. The DD no.18A is Ex.PW8/A. Thereafter he handed over the said DD to HC Karambir. He also registered the FIR based on the rukka given by Ct Ramesh.
13. PW 9 HC Pawan Kumar. He deposed that on 16.07.2009 he was working as Duty Officer at PS Swaroop Nagar. On receipt of rukka brought by ASI Gabruddin he recorded FIR. Attested copy of FIR is Ex.PW9/A and endorsement on rukka is Ex. PW9/B.
14. PW 10 Dr. S.K. Khanna, Director Professor, Maulana, Azad Medical College, Delhi. He had identified the handwriting and signatures of Dr. FIR No.167/09 State Vs Rajesh Sahni 6/11 Mohit Gupta as he had seen him while writing and signing. He had seen the postmortem report Ex.PW10/A which was prepared by Dr.Mohit Gupta.
15. PW 11 Dr. Deepak, CMO, BJRM hospital,Delhi. He deposed that he had identified the handwriting and signatures of Dr. Nishant as he had seen him while writing and signing. He had seen the MLC no.3447/09 of patient Montu Ex.PW11/A which was prepared by Dr. Nishant.
16. PW 12 Imran Ahmed. He deposed that he has brought summon record of NDPLi.e two notices dated 26.05.2009 and 13.07.2009 which were served upon accused/NDPL customer Rajesh Sahni sent by NDPL regarding unauthorised construction under/close to NDPL line. The first notice was refused by accused and subsequent notice dated 13.07.2009 was sent to the accused through registered AD. Photocopy of both the notices are on the judicial file and the same are Ex.PW12/A and Ex.PW12/B.
17. PW 13 HC Lokender Sirohi. He deposed that on 17.07.2009 he was posted as Constable at PS Swaroop Nagar. On that day he alongwith IO went to the mortuary of LNJP hospital where the dead body of the deceased Montu was lying in the mortuary of the said hospital. The dead body of deceased was identified by the father and brother of the deceased. IO recorded the identification statement of the said persons. The postmortem of the dead body was got conducted. After postmortem, the FIR No.167/09 State Vs Rajesh Sahni 7/11 dead body was handed over to the brother and father of the deceased vide memo already Ex.PW4/B.
18. PW 14 Sh.Dinesh Yadav. He deposed that he was residing at Gali no.1, DCM Colony Part2, Nathu Pura, Delhi. In the year 2009 he do not remember the date and time, he saw that one boy was lying near Nala. Many public persons were also present there. After some time he came back to his home. He stated that he do not know why the said boy was lying on the road. He also do not know the accused Rajesh Sahani and he had seen the accused Rajesh Sahani first time in the court. He do not anything about the present case. Witness was cross examined by the Ld. APP for the State.
19. PW 15 retired SI Gabruddin. On 12.07.2009 on receipt of DD no. 18 A, already Ex.PW8/A, he alongwith Ct. Ramesh went to the spot i.e. house no. 3, Gali no.1, PartII, DCM Colony, Nathupura, Delhi where they came to know that injured was shifted to BJRM Hospital. Thereafter, he alongwith Ct. Ramesh went to the BJRM Hospital and he collected the MLC of injured Montu from the concerned doctor. On MLC, the doctor declared the injured not fit for statement and thereafter the injured was shifted to LNJP Hospital for treatment. They went to LNJP Hospital and the injured was found under treatment in the hospital. No eye witness was present in the LNJP Hospital and BJRM Hospital, one lady namely Laxmi (who had shifted the injured FIR No.167/09 State Vs Rajesh Sahni 8/11 from spot to hospital) was present in the BJRM Hospital. He had recorded the statement of Laxmi. DD entry no. 18A was kept pending so that the injured gain consciousness but on 16.07.2009 he received information vide DD entry no. 3A (mark X1) that the injured died during treatment in LNJP Hospital. He went to LNJP Hospital where he met with one person namely Lal Bahadur (father of deceased) he recorded the statement of Lal Babu in the LNJP Hospital. He prepared rukka Ex.PW15/A, on the basis of DD entry 18A and got registered the present FIR. He prepared site plan which is Ex.PW15/B. He recorded the statement of Lal Babu regarding dead body identification of deceased Montu, which is already ExPW4/A. After postmortem of the body of deceased, dead body was handed over to relative of deceased vide memo already Ex.PW4/B. He collected the medical documents from the hospital. He got clicked the photograph of the house where the incident had taken place. Photographs are marked as Mark A1 and A2. He recorded the statement of neighbors of the accused. He tried to search the accused but accused could not be found.
On 06.11.2009 he arrested and personally searched the accused Rajesh Sahani vide memos which are Ex.PW15/C and Ex.PW15/D. Witness correctly identified the accused in the court.
He also served notice u/s 160 Cr.P.C to the NDPL Office regarding the high voltage wire passing over the roof of house and seized the notice vide memo Ex.PW15/E. He got conducted the mechanical inspection of the high voltage electric wire and house by Assistant Electrical Inspector. The FIR No.167/09 State Vs Rajesh Sahni 9/11 report of Assistant Electrical Inspector is already Ex.PW5/A. He recorded the statement of witnesses. After completion of investigation, he prepared chargesheet and filed the same in the court for trial.
20. Thereafter prosecution evidence was closed.
21. Statement of accused was recorded u/s 313 CrPC on 19.08.2019. Accused stated that he do not wish to lead defence evidence in this case. Hence DE stand closed.
22. Thereafter the matter was fixed for final arguments on 26.08.2019.
23. Final arguments were advanced by both the parties.
24. The case of the prosecution is that on 12.07.2009 at about 4:00 pm at house no.5, Gali no.5, partII, DCM colony, Nathupura, Delhi accused was getting his water tank clean from one Montu without providing necessary equipment. Deceased Montu suffered electric shock due to rashness and negligence on the part of the accused, as a result of electric shock deceased Montu succumbed to his injuries.
In order to prove the case, prosecution examined 15 witnesses. It is claimed that PW 3 Sh. Suresh Chand, PW 5 Sh. Rajeshwar Shah and PW 14 Sh. Dinesh Kumar are the eye witness to the incident. All these FIR No.167/09 State Vs Rajesh Sahni 10/11 witnesses were examined in the court, during their evidence in the court they have not supported the case of the prosecution and they denied that accused was getting his water tank clean through Montu. They have also denied that they have seen the incident. Prosecution has also examined PW 4 who is the father of the deceased, he had stated that he once visit the house of the accused and saw his son cleaning water tank. He further stated that he took his son alongwith him to his native place however brother of accused came 23 months before the incident and took his son to Delhi. During his crossexamination he admitted that accused has not asked his son to clean the water tank of his roof in his presence. He further stated that he was not present at the time of the incident. In this case, the prosecution has not been able to prove that accused was getting his water tank clean by the deceased. There is no other evidence produced on record by the prosecution which prove any rashness or negligence on the part of accused. Accordingly, accused is given the benefits of doubts and accordingly, accused is acquitted from all the charges levelled against him Digitally signed by ARUN ARUN Date:
GOEL GOEL 14:35:38 2019.08.27 +0530 Announced in open court (ARUN GOEL) on 26th August 2019 MM7/North District Rohini Courts/ Delhi FIR No.167/09 State Vs Rajesh Sahni 11/11