Delhi District Court
(Judgment) State vs Satbir @ Sattu on 13 December, 2018
(Judgment) State Vs Satbir @ Sattu
FIR no. 330/18
U/s 307/459/380/511/34 IPC
PS: Sultanpuri
IN THE COURT OF SHRI PANKAJ GUPTA: ADDL. SESSIONS JUDGE (FTC)
(NORTH-WEST): ROHINI COURTS: DELHI
Session Case No. 471/18
CNR No. DLNW01-007692-2018
State
Vs.
Satbir @ Sattu
S/o Om Prakash
R/o F-3/10, Sultan Puri, Delhi. ............Accused
FIR No. : FIR No.330/18
Police Station : Sultan Puri
Under Section : 307/459/380/511/34 IPC
Date of committal to Sessions Court : 17.07.2018
Date on which judgment reserved : 13.12.2018
Date on which judgment pronounced : 13.12.2018
JUDGMENT
1. This is a case under section 307/459/380/511/34 Indian Penal Code, 1860 (IPC).
CASE OF THE PROSECUTION
2. Dalip Singh (the complainant) was the employee of Rohit and was residing in the house of his employer i.e. Rohit situated at F-6/325, Sultanpuri, Delhi. On 03.05.2018, at about 3:00 am, the complainant was sleeping in a room built up on roof of the said house and since it was summer season, the door was opened. At about 3:00 am, he woke up on hearing some jumping noise and saw two boys on the roof. He asked them who were they. In response thereto, both the said boys caught hold of him and the complainant raised Page no.1/ 8 (Judgment) State Vs Satbir @ Sattu FIR no. 330/18 U/s 307/459/380/511/34 IPC PS: Sultanpuri alarm. That time, one of the boys namely Mohd. Shakir (JICL) who was residing at the back side of the said house, broke the glass bottle lying over there and hit it on the left side of the neck and stomach of the complainant. The complainant started bleeding and raised alarm. On hearing the noise, Rohit and other neighbours came over there. In the mean time, one boy who had caught hold of the complainant ran away from there while JICL was apprehended by the persons present over there. The complainant was removed to the hospital. Subsequently, JICL made the disclosure statement wherein he disclosed the name of the accused.
CHARGES
3. Charge under section 459/307/34 IPC was settled against the accused. The accused pleaded not guilty and claimed trial.
PUBLIC WITNESSES
4. PW-7 Dalip (the complainant) deposed that he have been working with Rohit (PW6) for last about 25 years and used to reside on the top floor of his house bearing no. F- 6/325, Sultan Puri, Delhi. In the intervening night of 02/03.05.2018, he was sleeping in the room situated on the top floor of the said house and it being summer season, the door of his room was open. At about 3.00 am, he heard the jumping noise on the roof due to which he woke up and saw two boys on the roof. He asked them as to who were they. Thereafter, both the said boys caught hold of him. He raised the alarm. Consequently, one of the boys whose name was Mohd. Shakir (JICL) who used to reside in a house at the back of the said house, picked a glass bottle lying there and after breaking the same, he hit the same on the left side of his neck and abdomen, due to which he started bleeding and screamed at loud pitch of his voice. After hearing the alarm, PW6, PW9 and some neighbours came on the roof. After seeing the public persons coming upstairs, the boy who had caught hold of him fled away from there and JICL was apprehended by him with the help of PW6 and public Page no.2/ 8 (Judgment) State Vs Satbir @ Sattu FIR no. 330/18 U/s 307/459/380/511/34 IPC PS: Sultanpuri persons. Public persons gave beatings to JICL. PW9 took him to SGM Hospital for treat- ment. The police recorded his statement Ex.PW7/A. After treatment, he came back at the said residence and handed over his blood stained clothes to the police. IO prepared site plan at his instance. He proved the arrest memo and personal search memo of the accused Ex.PW7/D and Ex.PW7/E respectively. However, he failed to identify the accused as the assailant. As such, the witness has turned hostile as to identity of the accused and his role in the subject incident.
5. PW-6 Rohit Mittal (employer of PW7) deposed that he used to reside at F-6/325. PW7 was working with them and used to reside in the said house. On 03.05.2018, at about 4.00-4.30 am, he heard the noise and also heard the screams of PW7. He along with his family members and neighbours reached on the top floor and saw that PW7 had caught hold of one boy and was bleeding. He with the help of public persons caught hold of JICL. PW7 told them that the associate of JICL had fled away and he was hit with a broken glass bottle by JICL and his associate. He immediately shifted PW7 to SGM Hospital and dialed number 100. PCR arrived at the spot. During interrogation, JICL disclosed the name of his associate as Satbir @ Sattu i.e. the accused. He handed over the custody of JICL to the po- lice. Crime Team was called at the spot and pieces of broken glass bottle and blood sample were lifted from the spot. After treatment, PW7 reached at the spot and thereafter, on his identification, JICL was arrested by the police.
6. PW-9 Mohit Mittal deposed on the lines as deposed by PW6.
POLICE WITNESSES
7. PW-10 W/HC Rajbala proved copy of DD no. 4-A, computerized copy of FIR Ex.PW10/B, the original tehrir Ex.PW10/C and certificate u/s 65-B of Indian Evidence Act Ex.PW10/D. Page no.3/ 8 (Judgment) State Vs Satbir @ Sattu FIR no. 330/18 U/s 307/459/380/511/34 IPC PS: Sultanpuri
8. PW-3 HC Sarabjeet proved the relevant entries in the register no. 19 Ex.PW3/A and Ex.PW3/B. He also proved the relevant entry in the register no. 21 Ex.PW3/C (OSR) and receipt of FSL Ex.PW3/D. He deposed that the case property remained intact and untam- pered while it remained in his custody.
9. PW-1 ASI Devender Kumar deposed that on 03.05.2018, on receipt of the call at about 9.45-10.00 am, he along with the photographer Sandeep reached at the spot i.e. F- 6/325, Sultan Puri where ASI Prem Singh (PW12) met them and inspected the spot. Blood was found lying near the door on the third floor and one broken glass bottle having blood stains and one sando baniyan having blood stains. Injured was already shifted to the hospi- tal. Ct. Sandeep took the photographs. Blood was also found lying on the stairs. The ex- hibits including blood stained concrete soil, baniyan and broken bottle pieces were sepa- rately packed and seized. He prepared the scene of crime report Ex.PW1/A and handed over the said report to the IO.
10. PW-5 Ct. Rakesh deposed that on 03.05.2018, he joined the investigation with PW12 and reached at F-Block, where Ct. Amit met them. He apprehended JICL whose cus- tody was handed over to him and he along with PW12 went to F-Block, in search of an- other accused but he could not be traced. They got conducted the medical examination of JICL.
11. PW-2 Ct. Sandeep deposed that on 03.05.2018, on receipt of the call at about 9.45- 10.00 am, he along with Crime Team In-charge ASI Devender Kumar reached at the spot i.e. F-6/325, Sultan Puri where PW12 met them. ASI Devender Kumar inspected the spot. Blood was found lying near the door on the third floor. One blood stained broken glass bot- tle and one blood stained sando baniyan were found lying there. Blood was also found ly- ing on the stairs. Injured was already shifted to the hospital. He took 22 photographs. The exhibits including blood stained concrete soil, baniyan and broken bottle pieces were sepa- rately packed and seized. He prepared the CD of the 22 photographs and handed over the same to the IO along with the certificate u/s 65-B Indian Evidence Act of the correctness of Page no.4/ 8 (Judgment) State Vs Satbir @ Sattu FIR no. 330/18 U/s 307/459/380/511/34 IPC PS: Sultanpuri the photographs. He proved the CD Ex.PW2/A and the certificate u/s 65-B of Indian Evi- dence Act Ex.PW2/B.
12. PW-11 Ct. Amit deposed that on 03.05.2018, in the morning hours, on receipt of DD no. 4-A, he along with PW12 had gone to the spot where public persons present and they had caught hold one person. Injured had already been taken to SGM hospital. PW12 handed over the said person to him and went to SGM Hospital and after that came back at the spot and handed over rukka to him. He got the FIR registered and came back at the spot along with rukka and copy of FIR and handed over the same to PW12. Photographs of the spot were taken and IO lifted blood stained cemented floor and earth control from the spot and prepared pulanda and seized the same vide seizure memo Ex.PW11/A. IO also lifted the blood from the spot and broken piece of glass bottle seized the same vide seizure memo Ex.PW11/B. PW7 came back at the spot after discharge from the hospital and he handed over his blood stained clothes to the IO. IO seized the same vide seizure memo Ex.PW11/C. IO arrested JICL vide arrest memo Ex.PW11/D. IO recorded disclosure statement of JICL Ex.PW11/E. JICL had disclosed the name of his associate Satbir @ Sattu i.e. the present accused.
13. PW-12 ASI Prem Singh (Investigating Officer) deposed on the lines of PW11. He also deposed that he inspected the spot and prepared site plan at the instance of PW7 Ex.PW12/C. He recorded the statements of the witnesses. He along with Ct. Sunil, PW7 and JICL had gone to F-3/10, Sultan Puri and at the instance of JICL, he apprehended the accused. PW7 identified the accused. He arrested the accused vide arrest memo Ex.PW7/D. Personal search of the accused was conducted vide personal search memo Ex.PW7/E. He recorded the disclosure statement of the accused Ex.PW12/D. Subsequently, JICL was found minor and he was then produced before JJB and the proceedings qua him are going on before JJB. Sealed exhibits were sent to FSL for examination and after that he collected the FSL report. After completion of investigation, the challan was prepared and filed in the court. He identified the case property.
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14. PW-8 Dr. Dharmender, CMO, SGM Hospital, Mangol Puri, Delhi deposed that on 03.05.2018, at about 5:02 pm, when he was present at casualty, SGM Hospital, PW7 was brought in casualty by PW9 and he was medically examined in his presence by the then Ju- nior Resident Dr. Garima Goyal. He proved MLC of PW7 Ex.PW8/A.
15. PW-4 Dr. Vipin Dabas, CMO, SGM Hospital, Mangol Puri, Delhi deposed that on 26.06.2018, PW7 was brought by PW12 for blood sample and his medical examination. Dr. Abhishek, JR Casualty medically examined PW7 and his blood sample was taken, sealed and handed over to the police under his supervision vide MLC Ex.PW4/A FORENSIC EVIDENCE
16. The accused admitted the FSL report dated 26.07.2018 Ex.PX.
STATEMENT OF ACCUSED
17. No incriminating material has come in the prosecution evidence against the ac- cused. Hence, there was no occasion to record the statement of the accused under section 313 Code of Criminal Procedure, 1973 (CrPC).
18. I have heard the ld. APP for the State and counsel for the accused and have perused the material available on record.
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19. It is evident from the testimony of PW-6, PW7 and PW9 that the incident took place on 24.03.2016, at about 3:15pm, at F-6/325, Sultanpuri, Delhi. In their cross examination, no suggestion to the contrary was given by counsel for the accused. Hence, the date, time and place of incident stand proved.
MEDICAL EVIDENCE
20. PW-8 proved MLC of PW7 Ex.PW8/A. The testimony of PW8 remained unrebut- ted. Hence, it stands proved that in the subject incident, PW7 sustained injuries.
IDENTITY OF THE ACCUSED AND HIS PRESENCE AT THE SPOT
21. According to the prosecution the accused caught hold of PW-7 while JICL hit the broken glass bottle on the left side of the neck and abdomen of PW-7. JICL was apprehended at the spot. While the accused ran away from there before PW-6 and PW-9 could reach at the spot.
22. In the present case, PW-7 is the eye witness and victim of the incident.
23. PW-7 in his testimony deposed that two boys were involved in the subject incident and out of them, one was JICL. Name of the accused came in the disclosure statement of JICL. PW7 turned hostile as to the identity as well as the presence of the accused at the spot. So far as PW-6 and PW9 are concerned, they reached at the spot once another boy had already ran away from the spot. As such, the only witness who could prove the identity and presence of the accused at the spot i.e. PW7 has turned hostile on both accounts.
RECOVERY
24. There is no recovery from or at the instance of the accused in the present case.
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25. In view of unsupportive and hostile testimony of PW7, it can be held that the prosecution has failed to prove its case against the accused beyond reasonable doubt. Therefore, the benefit of doubt is to be given to the accused.
26. Accordingly, the accused is acquitted for the offence u/s 459/307/34 IPC.
Digitally signed by PANKAJ PANKAJ GUPTA
Announced in the open court GUPTA Date:
2018.12.15
14:18:56 +0530
on this 13th day of December, 2018.
(Pankaj Gupta)
ASJ, FTC, NorthWest
Rohini: Delhi
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