Delhi District Court
State vs . Deepak Kumar & Anr. on 16 October, 2014
IN THE COURT OF Ms. CHETNA SINGH:MM-02(SOUTH DISTRICT)
SAKET COURTS COMPLEX, NEW DELHI
STATE Vs. Deepak Kumar & Anr.
FIR No.819/01
U/s : 323/341/427 IPC
P.S. : Malviya Nagar
Date of institution of case : 06.01.2003
Date on which case reserved for judgment : 16.10.2014
Date of judgment : 16.10.2014
JUDGMENT
1.FIR No. of the case : 819/01 2.Date of the Commission : 08.10.2001 of the offence
3.Name of the accused : 1. Deepak Kumar S/o Sh. Amir Chand
: R/o H. No. L-42B, Malviya Nagar,
: New Delhi.
: 2. Balbeer Singh S/o Sh. Gyan Singh
: R/o H. No. F-6/11, Malviya Nagar,
: New Delhi.
4.Name of the complainant : Sh. Kulwinder Singh S/o Sh. Dalbeer
: Singh R/o Govind Sadan, Gadaipur,
: Mehrauli, New Delhi.
5.Offence complained of : u/s 323/341/427 IPC
FIR No. 819/01 State Vs Deepak Kumar @ Monu Pages 1/3
6.Plea of accused : Pleaded not guilty
7.Final order : Acquitted
BRIEF FACTS
1. The story of the prosecution is that on 08.10.2001 at 8.00pm at Gol Chakkar, Malviya Nagar, New Delhi, falling within the jurisdiction of PS Malviya Nagar both accused persons namely Deepak Kumar and Balbeer Singh in furtherance of their common intention unlawfully restrained the complainant Pulwinder Singh and voluntarily caused simple injuries to him by fist and blows and they both also smashed the windows, pans of the bus bearing no. DL-1PB-1271 and caused damage to the bus and thereby they committed an offence punishable u/s 323/341/427/34 IPC.
2. On the basis of the said allegations and on the basis of the complaint of the complainant, an FIR bearing number 819/01 under section 323/341/427/34 IPC was lodged at Police Station Malviya Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 06.01.2003.
4. On the basis of the charge-sheet, a charge for the offence punishable under section 323/341/427/34 IPC was framed against both the accused persons namely Deepak Kumar and Balbeer Singh and read out to the said accused persons, to which they pleaded not guilty and claimed trial on 25.03.2009.
5. Prosecution has not examined any witness in the present matter. Summons upon the complainant Kulwinder Singh being the material witness received back unexecuted through the office of DCP with the report FIR No. 819/01 State Vs Deepak Kumar @ Monu Pages 2/3 that he was not traceable. As none of the witness has been examined in the present matter, PE was ordered to be closed on 16.10.2014. Hence, no purpose would have been served in examining remaining witness. The statement of accused persons under section 313 r/w section 281 Cr.P.C was recorded on 16.10.2014 in which they stated that they have been falsely implicated in the present case and do not want to lead defence evidence.
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 complainant 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 persons guilty of the offences as charged. The accused persons namely Deepak Kumar and Balbeer Singh are hereby acquitted of the offence charged u/s 323/341/427 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 (CHETNA SINGH) on 16.10.2014 MM-02(SD)/16.10.2014
Certified that this judgment contains 3 pages and each page bears my signatures.
(CHETNA SINGH) MM-02(SD)/16.10.2014 FIR No. 819/01 State Vs Deepak Kumar @ Monu Pages 3/3