Delhi District Court
State vs Amit @ Ammu on 7 September, 2024
IN THE COURT OF SH. RAJNEESH KUMAR GUPTA
PRINCIPAL DISTRICT & SESSIONS JUDGE
SOUTH - EAST, SAKET COURTS, NEW DELHI
SC No.189/2024
STATE
Versus
Amit @ Ammu
S/o Mukesh
R/o Jhuggi No. C-422,
Sanjay Colony, Okhla, Phase II,
New Delhi.
FIR No.03/2024
u/s 393/394/397/307 IPC
& 25 Arms Act
PS : Okhla Industrial Area
First date before this Court : 20.04.2024
Arguments heard on : 27.08.2024
Date of Judgment : 07.09.2024
J U D G M E N T:
1. On DD No. 93A and on the statement of one Nitesh s/o Shri Shiv Prasad, an FIR bearing no. 03/2024 was registered by the police of Police Station Okhla Industrial Area under Section 307 IPC, which after the requisite investigation culminated into the charge sheet, which was filed against the accused in the Court of learned Metropolitan Magistrate-02, South-East, Saket, New Delhi. After compliance of provisions of Section 207 Cr.PC, learned MM committed the case to the Court of Sessions under provisions of Section 209 Cr.PC on 16.04.2024 for trial being a sessions trial case.
SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 1 of 10
2. In brief the case of the prosecution is that on 01.01.2024, on receiving of DD No. 93A regarding stabbing, the police went to the spot at H. No. A-118, Sanjay Colony, New Delhi. At the spot, police met one Nitesh who stated to the police that his friend / injured Ashutosh came to him and told that the accused had stabbed him in his chest at DDA Park, Harkesh Nagar, Okhla Phase II. Ashutosh made a call to the PCR and PCR took him to the hospital. Police went to AIIMS, Trauma Center and the injured was found admitted in the hospital and was unfit to make the statement. The police collected the MLC of the injured and got the FIR registered. Police recorded the statement of the injured and on the basis of his statement, Section 394 IPC was added in the case.
During the investigation of the case, the accused was arrested on 18.01.2024 and on his pointing out the alleged weapon of offence i.e. buttondar knife was recovered. After investigation, the chargesheet was filed against the accused under Section 393/394/397/307 IPC and under Section 25 of Arms Act.
3. Charge under Section 307/393/394/397 IPC and 25/27/54/59 Arms Act stating that on 01.01.2024 at about 6.35 pm at DDA Park, Harkesh Nagar, Okhla Phase-II, New Delhi, the accused attempted to commit robbery of mobile phone from the possession of Ashutosh while using a deadly weapon i.e. knife and gave knife blow on his chest and caused grievous injuries on his person with such intention or knowledge and under such circumstances that if he by that act caused death of the injured then he would be guilty of culpable homicide amounting to murder and he got recovered one buttondar knife used in the commission of the offences, was SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 2 of 10 framed against the accused to which he pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution has examined 10 witnesses in all. Statement of accused has been recorded under Section 313 Cr.P.C. in which he has denied the case of the prosecution. He has not led any evidence in his defence.
5. I have heard the learned Chief Public Prosecutor for State as well as learned counsel for the accused and perused the file.
6. PW-1 Nitesh has deposed that on 01.01.2024 at about 06.30 pm he was present outside his street. His neighbour Ashutosh came there. He was having blood in his clothes. He was not able to speak. He called police at No. 112 from his mobile Phone No. 9319521899. PCR Van came and took Ashutosh to the hospital. Ashutosh did not tell him the name of the assailant as he was not able to speak and he also became afraid / perplexed seeing his condition. He did not name the assailant to the police nor his statement was recorded by the police.
In cross-examination on behalf of the State, PW-1 has denied the suggestion that he had stated the name of the alleged assailant as Amit @ Ammu which was told to him by injured Ashutosh when he met him on 01.01.2024.
PW-2 Ashutosh is the injured who has deposed that on 01.01.2024 at about 05.30 pm or 06.00 pm he was returning from his job. He met accused in the park as he had to take some money from him. He demanded his money of Rs. 3,000/- or Rs. 4,000/- back from which he had borrowed SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 3 of 10 from him. The accused did not give him any money and rather he started avoiding him and started running. He chased him to catch him. Accused released himself from him and suddenly jumped over the iron grill of the park and ran away. He also tried to jump over the iron grill of the park. His foot got entangled in the grill and he stumbled and sharp iron pipe of the grill struck on his left side of the chest. Blood oozed out from the injury. With great difficulty he managed to walk towards his house and in the street he met his friend Nitesh, who called police from his mobile phone. Police took him to AIIMS Trauma Center, New Delhi where he was treated by the doctor for about one week. He did not make allegation against the accused for causing him injuries by a knife on his chest. He was not able to give any statement to the police. He does not know if his statement was recorded by the police or not.
In cross-examination on behalf of the State, PW-2 has deposed that he does know if the police had taken him to the place of incident or not. The site plan was not prepared in his presence and police obtained his signature in the police station while he was called once in the police station. He has denied the suggestion that accused was sitting with some other boys in the park and seeing him he shouted suddenly and wanted to rob his mobile phone and on his protest, he told "Teri Itni Himmat Too Mujhe Roke Ga, Mein Abhi Tujhe Iska Maja Chakhata Hoon and Tera Kaam Tamam Karta Hoon". He denied the suggestion that accused took out a buddondar knife from his right side pant pocket and with the intention to kill him, hit by the knife on his left side of the chest and then he released himself from him and tried to call police on number 112, but SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 4 of 10 the call did not connect. He further denied the suggestion that when he met his friend Nitesh, he told him about the incident and told him about the accused for causing him injuries. He did not tell the police that accused tried to rob his mobile phone and with the intention to kill him, caused injuries on his chest with the knife and he told the police to take action against the accused. He denied the suggestion that on account of a compromise between him and the accused, he has deposed falsely and changed his statement which was given to the police during investigation of the case. He cannot identify any knife as he was not hit by any knife. He sustained injury from the sharp edge of the iron grill of the park.
PW-3 Dr. Kushal Narula has examined the injured and proved the MLC of the injured as Ex.PW3/A and opined the injuries as grievous sharp in nature.
PW-4 Sh. Shubham Tiwari, Primary Teacher, MCD Primary School, Sanjay Colony, Okhla Phase-II, New Delhi has proved the admission record of the accused as Ex. PW-4/A. PW-5 SI Tej Pal is the investigating officer and has deposed that on 01.01.2024 he was on emergency duty from 08.00 am to 08.00 pm in the PS Okhla Industrial Area, New Delhi. At about 06.40 pm an information received and recorded as DD NO. 93-A regarding stabbing. On this, he alongwith Ct. Himanshu reached near House No. A-117, Sanjay Colony, New Delhi where Nitesh met them. Injured was already removed by the PCR to the hospital. They went to AIIMS Trauma Center, New Delhi where they found the injured Ashutosh under treatment. He was unfit for SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 5 of 10 statement. Then he came back to the spot and prepared rukka Ex.PW5/A on the DD No. 93-A itself and got the case registered. Crime Team was called at the spot and spot was inspected by Crime Team. He prepared the site plan as Ex. PW-2/A. He recorded the statement of Nitesh who named the accused Amit @ Ammu. From the hospital, he had seized the sealed pullandas prepared by doctor and seizure memo was prepared vide Ex. PW-5/B. On 15.01.2024 injured was joined in the investigation after he was discharged from the hospital. He also pointed out the spot of the incident and recorded the statement of the injured. On 18.01.2024 on the basis of an information that accused was present in his house, he was apprehended at his house by him and HC Ram Raj. Accused was arrested vide arrest memo Ex. PW-5/C. Accused got recovered a buttondar knife which he used in the incident from the park near the garbage. Knife was measured and sketch of the knife was prepared vide Ex. PW-5/F. Knife was sealed and seized vide memo Ex. PW-5/G. Pointing out memo of recovery of knife was prepared vide Ex. PW-5/H. The exhibits of the case were sent to FSL on 05.02.2024 through HC Harjeet. After completing the investigation the charge-sheet was filed in the Court.
In cross-examination on behalf of the accused, PW-5 has deposed that no public person was joined in the proceedings of recovery of knife in the park. They remained in the park for about 45 minutes i.e. from 04.00 pm to 04.45 pm. Public persons were passing on the road but the road was about 700 / 800 meters away from the park. He does not remember if there was iron grill on the boundary wall of the park. No public person was requested to join the investigation as they were not coming to them. The SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 6 of 10 complainant was not called to join the investigation at the time of recovery of knife.
PW-6 HC Rakam Singh is from the Mobile Crime Team and has prepared Scene of Crime Report which is Ex. PW-6/A. PW-7 HC Bharat from the PCR had deposed that one information was received from Mobile No. 9319521899 which was recorded by him and the information was forwarded to the concerned authorities i.e. local police station, PCR Van and CAT Ambulance. He proved the copy of the PCR Form as Mark PW-5/X-1.
PW-8 Ct. Himanshu has joined the investigation with PW-5 and had deposed on the same lines as PW-5.
PW-9 HC Ram Raj has also joined the investigation with PW-5 and has deposed about the arrest of the accused and the recovery of the knife at the instance of the accused.
In cross-examination on behalf of the accused, PW-9 has deposed that he does not remember if the injured was called by the IO at the spot. He and the IO had gone to the house of the accused where he was present and then he was brought to the police post. The accused had taken them to the park and knife was recovered from there. It was evening time. No public person was found in the park. No photographs were taken of the place of recovery of the knife.
PW-10 HC Satpal has deposed that on 01.01.2024 in the night he also reached at the spot i.e. DDA Park Harkesh Nagar, Near Pillar No. 201 SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 7 of 10 where IO got inspected the spot by Crime Team Officials and site plan was prepared. No eye witness was found at the spot.
During the trial, the accused admitted the following documents without their contents :
a. Copy of FIR No. 03/2024, under Section 307 IPC as Ex. A-1. b. Certificate under Section 65-B of the Indian Evidence Act as Ex. A-2. c. Print out of four photographs of the spot of the incident as Ex. A-3 (Colly).
d. Copy of Road Certificate No. 72/21/24 as Ex. A-4. e. Copy of acknowledgment from the Office of FSL as Ex. A-5.
7. Learned Chief Public Prosecutor for State has argued that from the evidence on record, the alleged incident has been proved from the evidence of prosecution witnesses. So, it is prayed that the accused be convicted for the alleged offences.
On the other hand, learned counsel for the accused has argued that the accused has been falsely implicated in the present case. The injured has not supported the case of the prosecution. The alleged recovery of the knife at the instance of the accused is doubtful as no public person has been joined at the time of alleged recovery. There is no reliable evidence on record to connect the accused with the alleged offences. As the prosecution has failed to prove its case, so the accused be acquitted.
8. PW-2 is the victim / injured and so he is the material witness of the case. Perusal of the testimony of PW-2 shows that he has not supported the case of the prosecution. In fact, PW-2 had deposed that he was not hit by any knife and he sustained injury from the sharp edge of the iron grill of SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 8 of 10 the park. He had not made any allegations against the accused for causing injuries by knife on his chest.
PW-1 is also the material witness of the case as to whom PW-2 has disclosed the name of the accused as the person who has caused stab injuries on the person of PW-2. PW-1 has also not supported the case of the prosecution as he has deposed that he did not name the assailant to the police nor his statement was recorded by the police.
After going through the testimonies of PW-1 and PW-2, no reliable and conclusive evidence has been come on record to prove that the accused has attempted to commit robbery of mobile phone from the possession of PW-2 while using the knife and also gave knife blow on the chest of PW-2 and thereby causing grievous injuries on his person.
9. It is also the case of the prosecution that the accused got recovered the alleged weapon of offence i.e. buttondar knife from the garbage near the wall of DDA Park, Harkesh Nagar.
PW-5 who is the investigating officer of the case had deposed that no public person was joined in the proceedings of recovery of knife in the park. They remained in the park for about 45 minutes i.e. from 04.00 pm to 04.45 pm. Public persons were passing on the road but the road was about 700 / 800 meters away from the park. No public person was requested to join the investigation as they were not coming to them.
It has been observed by the Hon'ble High Court of Delhi in Pawan Kumar Vs. Delhi Administration 1987 CC 585 DHC as under :
"Here is a case where no effort was made to join any public witness even though number of them were present. No plausible explanation from the side of the prosecution is forthcoming for not joining the SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 9 of 10 independent witnesses in a case of a serious nature like the present one. It may be that there is an apathy on the part of the general public to associate themselves with the Police raids or the recoveries but that apart, at least the I.O. should have made an earnest effort to join the independent witnesses. No attempt in this direction appears to have been made and this, by itself, is a circumstance throwing doubt on the arrest or the recovery of the knife from the person of the accused."
From the testimony of PW-5, it is evident that the public persons were available at the time of alleged recovery of knife. The prosecution has failed to explain from the evidence on record why the public persons were not joined in the investigation despite their availability at the spot. Moreover, PW-2 has also not identified the knife with which PW-2 is alleged to have received the injuries on his chest. It creates a doubt in the case of the prosecution as to the alleged recovery of the knife at the instance of the accused.
10. Keeping in view the above discussions, I am of the opinion that the prosecution has failed to prove its case beyond reasonable doubt against the accused. The accused Amit @ Ammu is acquitted for the charged offences. Bail bonds cancelled. Surety discharged.
11. File be consigned to Record Room. RAJNEESH Digitally signed by RAJNEESH KUMAR KUMAR GUPTA Date: 2024.09.07 GUPTA 12:13:21 +0530 Announced in the open Court (RAJNEESH KUMAR GUPTA) Today, on 07.09.2024 Principal District & Sessions Judge South East, Saket Courts, New Delhi SC No.189/2024 ; State Vs. Amit @ Ammu ;
FIR No.03/2024 ; PS : Okhla Industrial Area Page No. 10 of 10