Delhi District Court
State vs ) Md. Jabbar on 6 September, 2013
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
SC No. 05/1
Unique Identification No. 02404R0274562012
State
Versus
1) Md. Jabbar
S/o Sh. Md. Moti
R/o VillageGarrhi, PS Jale,
DistrictDarbhanga (Bihar)
2) Md. Faiyaz @ Asif @ Amer
S/o Sh. Md. Ishaq
R/o Vuillage Hathaclosa, PS Pusa,
Distt. Mujaffar Pur, Bihar
3) Rashid @ Ujala
S/o Sh. Lal Babu
R/o VOKannor, PS Kamtol,
DisttDarbhanga, Bihar
FIR No. 292/12
PS - Narela
U/s. 307/34 IPC
& 25/27/54/59 of Arms Act
Date of institution of the case: 05/10/2012
Arguments heard on: 06/09/2013
Date of Decision: 06/09/2013
JUDGMENT
DD No. 11B dated 09/06/2012 was recorded at PS Narela to the effect that one boy was lying unconscious at Factory No. 2981, Industrial Area Narela, near Vijaya Bank. Copy of the same was handed over to HC Naresh for taking necessary action. Accordingly, HC Naresh alongwith Ct Satyanarayan reached at the spot, SC No. 05/1 1/8 where he came to know that injured had been removed to SRHCH hospital. No eye witness was found at the spot. Accordingly, he left for SRHCH hospital, leaving Ct Satyanarain at the spot, where he collected MLC of injured Azi Alam, who was declared unfit for statement by the doctor. No eye witness was found present in the hospital. From the MLC, offence U/s 324 of IPC was found to be committed. Accordingly, HC Naresh came back at the spot and got registered the case through Constable Satyanarain U/s. 324 of IPC.
During investigation, rough site plan of the place of occurrence was prepared. Accused Mohd. Jabbar and Mohd. Fayaz were arrested on 12/06/2012 U/as. 324/34 of IPC. Their personal searches were conducted. They also made disclosure statements and pointed out the place of occurrence. MLC of injured was collected, on which, nature of injuries were opined to be grievous in nature, hence, Section was amended as U/s. 307 of IPC. Accordingly, accused Mohd. Fayaz and Md. Jabbar were again arrested U/s. 307/34 of IPC on 29/06/2012. Their personal searches were conducted.
On 25/07/2012, statement of injured Azi Alam was got recorded through Ld. MM. U/s. 164 of Cr.P.C.
On 23/08/2012, accused Rashid @ Ujala was arrested in this case. His personal search was conducted. He also made disclosure statement.
On completion of investigation, chargesheet was filed against all the three accused persons U/s. 307/34 of IPC. Case was committed to the Court of Session on 16/01/2013 and was received on 23/01/2013. On 06/02/2013, charge was framed U/s. 307/34 IPC against all the three accused persons, to which, they pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW9 in all. On completion of evidence of the prosecution, prosecution evidence has been closed.
Since complainant/injured i.e. PW5 Azi Alam has not supported the case of the prosecution in any manner about the identity of the accused persons as the SC No. 05/1 2/8 same assailants, hence, there being nothing incriminating on record to be put to the accused persons, recording of their statements U/s. 313 Cr.P.C. is dispensed with.
I have heard learned APP for the State, learned defence counsel for the accused persons and have gone through the material placed on record with evidence adduced.
Complainant Azi Alam has been examined as PW5. He has stated that he was working as Beldar in DSIDC, A126, Narela. On 08/06/2012, he was coming back from his work. In the way, 34 persons caught hold him from behind and caused beatings to him. They caused injuries to him with knife and belt, as a result of which, he became unconscious. When he regained his consciousness , he found himself admitted in hospital. Later on, police met him on 18/06/2012 and made inquiries from him and recorded his statement. At that time, he had told to the police that since it was dark and those persons had come from behind, so, he could not see them.
PW5 has further stated that on 25/07/2012, police met him and told that accused persons have been arrested and also told the names of accused persons as Rashid, Mohd. Jabbar and Fayaz @ Asif. He has further stated that at that time, police had also told him that he had to name these persons before the Ld. MM as the same, who had caused injuries to him. Thereafter, police took him to Rohini Court, where he was produced before the learned Metropolitan Magistrate, who also made inquiries from him and he told the same facts to the Ld. MM, whatever told to him by the IO, at his instance. PW5 has identified his signatures on proceedings conducted by Ld. MM Ex. PW5/A. Since PW5 has not supported the case of the prosecution in any manner, hence, he has been cross examined by ld. APP, but even then, he has not supported the case of the prosecution in any manner, about their identity.
PW2 Constable Surender Singh has proved DD No. 11B, copy of which is Ex. PW2/A and also its attested copy as Ex. PW2/B. He has also produced the SC No. 05/1 3/8 original DD register before the Court.
PW6 is HC Naresh Kumar. He has stated that on 09/06/2012, he was posted at PS Narela. On that day, on receipt of copy of DD No. 11B, he alongwith Ct Satya Narain reached at the spot i.e. Factory No. 2981 near Vijaya Bank, DSIDC, Bhorgarh, where they came to know that injured was taken to SRSCH hospital by the CAT Ambulance. No eye witness was present at the spot, so, he alongwith Ct Satya Narain reached at SRSCH hospital, where he had collected MLC of injured Azi Alam, on which the doctor had opined the alleged history of stab injury and rest of the injury under observation. Patient was also opined to be unfit for statement. No eye witness was present in the hospital. Thereafter, he made rukka Ex. PW6/A on copy of DD No. 11B for registration of the case U/s. 324 of IPC and handed over the same to Ct Satya Narain, who left for PS for registration of the case. He himself reached at the spot. There, he made inquiries to find out eye witness. Meanwhile, Ct Satya Narain came back from the spot and handed over copy of FIR and rukka to him. After that, they came back to PS. PW1 HC Surender Singh was working as duty officer on 09/06/2012. He has proved the copy of FIR Ex. PW1/A, which he got recorded on computer through computer operator i.e. PW3 Ct. Narender, on the basis of rukka sent by PW6 HC Naresh. He has also proved his endorsement on the rukka as Ex. PW1/B. He has also produced original FIR register before the court. PW3 Ct Narender has issued certificate U/s. 65B of Evidence Act, which is Ex. PW3/A. PW6 HC Naresh has further deposed that on 10/06/2010, he reached at H. No. 335, Pocket13, A6, Narela, where father of injured Azi Alam namely Mohd. Badri Alam met him. He made inquiries from him, who told that his son was working with contractor Mohd. Rashid @ Kudale at Factory No. A126, DSIDC, but he was not aware as to who had caused injuries to his son.
PW6 has further deposed that thereafter, he reached at Factory No. A126, where thekedar Mohd. Rashid met him. He made inquiries from him and SC No. 05/1 4/8 recorded his statement regarding the occurrence. Thereafter, he alongwith Mohd Rashid reached in front of Vijaya Bank, DSIDC, where he prepared rough site plan of the place of occurrence Ex. PW6/B at the instance of Mohd. Rashid. Thereafter, they came back to PS. PW6 has further deposed that on 12/06/2012, Mohd. Rashid Ali came to PS. Thereafter, he alongwith Constable Satya Narain and Mohd. Rashid Ali reached at Factory No. E720, DSIDC, where Mohd. Rashid Ali identified accused Mohd. Jabbar as the same, who alongwith his associate Fayaz Ali @ Asif had stabbed PW5 Azi Alam. After interrogation, accused Jabbar was arrested in this case vide memo Ex. PW6/C and his personal search was conducted vide memo Ex. PW6/D. He also made disclosure statement Ex. PW6/E. PW6 has further deposed that thereafter, accused Mohd. Jabbar took them at Factory No. C359, where on the pointing of accused Mohd. Jabbar, accused Mohd. Fayaz @ Asif was arrested vide memo Ex. PW6/F and his persona search was conducted vide memo Ex. PW6/G. He also made disclosure statement Ex. PW6/H. Thereafter, both accused pointed out the place of occurrence vide memo Ex. PW6/I. After that, they came back to PS and both the accused were put in lockup. Thereafter, accused persons were taken up for medical examination and were produced before Rohini Court and were remanded to J.C. PW6 has further deposed that on 18/06/2012, he came to know that injured Azi Alam had been discharged from the hospital. Accordingly, he reached at his house and recorded his statement. Thereafter, he reached at SRCC hospital and deposited MLC of injured for taking opinion regarding nature of injuries.
PW6 has further deposed that on 26/06/2012, he reached at SRCC hospital and collected MLC of injured, on which, doctor had opined the nature of injuries as dangerous. Thereafter, he came back to PS. After discussion with the SHO, investigation was handed over to SI Mahavir, so, he handed over the case file to MHC(R).
SC No. 05/1 5/8
PW9 Constable Satya Narain has deposed the same facts as of PW6 HC Naresh Kumar regarding registration of FIR and arrest of accused Mohd. Jabbar and Mohd. Fayaz @ Asif.
PW7 is SI Mahavir. He has stated that on 27/06/2012, further investigation of this case was marked to him. He collected the file from MHC(R) and discussed the matter with the SHO. On 29/06/2012, he alongwith HC Jasveer left the PS. First of all, they reached at the house of injured, where he made inquiries from him but due to pain, injured could not give his statement. After that, he alongwith HC Jasveer reached in the area of DSIDC Narela, where he received secret information about presence of accused Mohd. Jabbar and Mohd. Faiyaz near Vijaya Bank, DSIDC, Narela. Accordingly, they reached near Vijaya Bank with the secret informer, where on seeing two boys standing near the Vijaya Bank, secret informer pointed out towards them as accused Mohd. Jabbar and Mohd. Faiyaz. Accordingly, they both were apprehended and arrested by him U/s. 307/34 of IPC vide memos Ex. PW7/A and Ex. PW7/C. Their personal searches were conducted vide memo Ex. PW7/B and Ex. PW7/D. Thereafter, he tried to search the weapon of offence i.e. knife but the same could not be found. Thereafter, both the accused were medically examined and were put in lock up and on the next day, they were sent to J.C. PW7 has further deposed that on 25/07/2012, he produced injured Azi Alam before the concerned Ld. MM and moved application Ex. PW7/E regarding recording of statement of injured U/s. 164 of Cr.P.C, which was marked to Ld. Link MM, w2ho recorded the statement of Azi Alam U/s. 164 of Cr.P.C. He also moved application for obtaining copy of the statement, which is Ex. PW7/F. After going through the statement of injured, he came to know about the role of accused Mohd. Rashid. Accordingly, he alongwith injured Azi Alam made efforts to find out accused Mohd. Rashid, but he could not be found.
PW7 has further deposed that on 23/08/2012, he alogwith HC Jasveer Singh left the PS in search of accused Mohd. Rashid and reached at DSIDC Narela, SC No. 05/1 6/8 where one secret informer met them, who told about the presence of accused Mohd. Rashid @ Ujala near SRHC Hospital, Narela. Accordingly, they reached there, where on seeing a boy, secret informer pointed out towards him as accused Mohd. Rashid. Accordingly, accused Mohd. Rashid was apprehended and was arrested in this case vide memo Ex. PW7/G and his personal search was conducted vide memo Ex. PW7/H. He also made disclosure statement Ex. PW7/I. After that, accused Mohd. Rashid was got medically examined and was brought to PS, where he was put in lockup. On completion of investigation, he prepared the chargesheet against all the accused persons and filed the same before the Court.
PW8 HC Jasveer Singh has deposed the same facts as of PW7 SI Mahavir Singh.
PW4 Dr. Avdhesh has proved MLC of injured Azi Alam as Ex. PW4/A, whom he had examined on 09/06/2012. On 25/06/2012, on the basis of findings of doctor of LNJP hospital, he opined the nature of injuries sustained by Azi Alam as dangerous at point B on MLC Ex. PW4/A. The case was registered on DD entry and thereafter, when injured was opined fit for statement, then his statement was recorded, wherein he has named the accused persons as assailants, but before the court, when he has been examined as PW5, he has narrated the facts of the incident, but does not supported the case of the prosecution regarding identity of the accused persons as the same. He has also stated that it was dark, hence, he could not see the assailants at the time of incident. He has been confronted with his statement Ex. PW5/B, but even then, he did not support the case of the prosecution in any manner.
Incident had taken place at about 7.30 pm, so there could be possibility of darkness at that time. PW6 has also stated that father of injured was examined but he had told that he was not aware as to who had caused injuries to his son. It seems to be improbable. It is also not explained by the prosecution, as to why the statement of injured was not recorded u/s 164 of Cr.Pc, whereas statement was already recorded SC No. 05/1 7/8 u/s 161 of Cr.Pc. None other police witness has deposed as to why Mohd Rashid, who was earlier a witness was made an accused.
PW1, PW2 and PW3 are witnesses of formal nature. PW4 has proved the MLC of complainant/injured. PW6 HC Naresh Kumar has conducted the investigation of the case. According to PW7 SI Mahavir Singh, accused persons were apprehended on the basis of secret information i.e. accused Mohd. Jabbar and Mohd. Fayaz on 29/06/2012, whereas accused Mohd. Rashid was apprehended on the basis of secret information on 23/08/2012. Prior to that, accused persons were arrested by PW6 HC Naresh Kumar U/s. 324/34 of IPC on the pointing of Mohd. Rashid, who initially was a witness in this case, but later on, he was also made an accused and on his pointing out, remaining two accused Jabbar and Fayaz were arrested. So, accused persons were not arrested on the pointing of complainant at any time either by PW6 or by PW7. In the statement recorded by Ld. MM, only names of accused persons were given without any parentage or residential address, so, identity of the accused persons as such is also not proved in any manner. In view of above, the prosecution has not been able to prove offence U/s. 307/34 of IPC against all the three accused persons, for which, they are acquitted.
Announced in the open court (Virender Kumar Goyal)
today on 6th of September, 2013 Additional Sessions Judge
Fast Track Court, Rohini Courts,Delhi.
SC No. 05/1 8/8