Delhi District Court
State vs Ram Babu on 6 January, 2015
SC No. 130/1/14 FIR No. 248/14
P.S Vikas Puri
IN THE COURT OF SH. SANJAY JINDAL, ADDL. SESSIONS
JUDGE WEST - 04, TIS HAZARI COURTS, DELHI
Unique Case ID No. : 02401R0297582014
SC NO. 130/1/14
FIR NO. 248/14
P.S. : Vikas Puri
U/S : 302/323/34 IPC
IN THE MATTER OF
State
(Govt. of NCT of Delhi)
Through Public Prosecutor Delhi
Versus
1 Ram Babu
S/o Lt. Sh. Choudhary Ram Chander
R/o Jhuggi No. 10, Kali Basti,
Hastal, Uttam Nagar, New Delhi.
2 Sarvan
S/o Lt. Sh. Choudhary Ram Chander
R/o Jhuggi No. 10, Kali Basti,
Hastal, Uttam Nagar, New Delhi.
............. Accused persons
State vs. Ram Babu & Anr. Page No. 1/13
SC No. 130/1/14 FIR No. 248/14
P.S Vikas Puri
Date when committed to the : 05.08.2014
court of Sessions
Date of conclusion of : 06.01.2015
final arguments
Date of final Judgment. : 06.01.2015
J U D G M E N T
1 Brief facts, as per case of the prosecution, are that on 05.04.2014 at about 03.00 complainant Karu Bind and deceased Vijay were picking garbage near Machi Market, Lok Vihar Apartment, Vikas Puri. In the meantime, accused Ram Babu came there and started picking garbage. On this, complainant Karu Bind asked him not to pick garbage from there as they have paid Rs. 200/ to the garbage truck driver to put that garbage there. On this accused Ram Babu abused complainant and gave a fist blow on his head. In the meantime, deceased Vijay intervened and asked accused Ram Babu not to do so and on this accused Ram Babu picked a stone and hit on the head of deceased Vijay. During that time, brother of accused Ram Babu namely Sarwan also came there and gave beating to complainant. Complainant Karu Bind and injured Vijay were admitted in hospital and on 17.04.2014, injured Vijay expired. Accused persons were arrested and after State vs. Ram Babu & Anr. Page No. 2/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri completion of investigation, chargesheet was filed.
2 After consideration, vide order dt. 30.10.2014, charge for the offences U/s 302/323/34 IPC was framed against accused Ram Babu and charge u/s 323/34 IPC was framed against accused Sarvan to which they pleaded not guilty and claimed trial.
3 At the time of trial, prosecution has examined
following witnesses;
PW1 SI Rani Devi
PW2 Mr. Karu Bind
PW3 Mr. Pintoo Kumar
4 PE was closed by order of the court on 06.01.2015 and
since there was total lack of incriminating evidence against the accused persons, recording of statement of the accused persons U/s 313 Cr.P.C was also dispensed with.
5 I have heard Ld. Addl. PP for the State and counsel for the accused persons and carefully perused the record in light of submissions made before me.
State vs. Ram Babu & Anr. Page No. 3/13 SC No. 130/1/14 FIR No. 248/14P.S Vikas Puri 6 Before proceeding further, it will not be out of place to have a reference to the statements of the witnesses examined by prosecution and documentary evidence brought on record.
PW1 SI Rani Devi is Duty officer, who deposed that on 06.04.2014 she was working as duty officer from 08.00 AM to 04.00 PM and at about 11.35 AM, SI Rameshwar handed over rukka to him and on the basis of which she registered the present FIR. She proved present FIR as Ex.PW1/A and her endorsement on rukka as Ex.PW1/B. She also proved certificate u/s 65 (B) of Indian Evidence Act as Ex.PW1/C. PW2 Mr. Karu Bind deposed that he was residing with his uncle Vijay in Jhuggi on rent. Further that he is permanent resident of Village Pathna PS Oena, District Nalanda, Bihar. He further deposed that he alongwith his uncle Vijay used to work as Rag Picker in the area of PS Chander Vihar. Further that on 05.04.2014, he alongwith his uncle Vijay were picking garbage near Lok Vihar Apartment, Machi Market Vikas Puri. Further that at about 3:004:00pm while his uncle was picking the garbage in a State vs. Ram Babu & Anr. Page No. 4/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri garbage pit, all of sudden he fell down upon a concrete stone lying there and he received injury on his head due to falling on the said stone blood started oozing out from the head injury and he became unconscious. He further deposed that thereafter, someone informed my uncle Pinto who also used to work as rag picker and he reached at the spot and thereafter his uncle Vijay in injured condition was removed to Guru Govind Singh Govt. Hospital Raghubir Nagar where he was medically examined and thereafter as per the advice of the doctor his uncle Vijay Bind was shifted to Sh. Balaji Action Medical Institute Paschim Vihar where he was medically examined however, my uncle Vijay Bind had expired in the hospital on 17.04.2014. He further deposed that accused Ram Babu and Sarwan present in the court are known to him as they are also rag picker but they were not present at the spot nor they caused any injury to his deceased uncle Vijay Bind or to him. Further that someone informed the police and police reached at the spot. He further deposed that police officer inquired him about the incident and he told them the same facts which were deposed by him as mentioned above. He further deposed that police has obtained his thumb impression on some blank papers. He further deposed that the stone on which his State vs. Ram Babu & Anr. Page No. 5/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri uncle Vijay Bind had fallen was not seized by the IO in his presence. He further deposed that police prepared site plan of the spot at his instance and his thumb impression was obtained by the police on the said paper. He further deposed that none of the accused persons were arrested by the police in his presence. Since the witness was resiling from his previous statement, he was duly crossexamined by Ld. Addl. PP but despite detailed cross examination, he did not support the case of prosecution on any of the material aspects.
PW 3, Mr. Pintoo Kumar, deposed that he is permanent resident of Village Pathna PS Oena, District Nalanda, Bihar. Further that he alongwith his deceased brother Vijay Bind and his nephew Karu Bind used to work as Rag Picker in the area of Chander Vihar and Vikas Puri. Further that on 05.04.2014 someone informed him that his brother Vijay Bind had received injury due to falling on stone near Lok Vihar Appartment, Machi Market, Vikas Puri. Thereafter, he reached there and found his brother Vijay Bind lying injured on the garbage pit. Further that one blood stained concrete stone was lying there. Further that his nephew Karo Bind was also present there. Further that his State vs. Ram Babu & Anr. Page No. 6/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri nephew Karo Bind told him that his brother Vijay had received injury by falling on the stone as he slipped on the garbage. Further that his brother Vijay Bind was in unconscious condition and he alongwith his nephew Karo Bind removed Vijay Bind to Guru Govind Singh Govt. Hospital Raghubir Nagar in Riksha where he was medically examined and thereafter he was shifted to Sh. Balaji Action hospital, Paschim Vihar where he expired on 17.04.2014 during treatment. He further deposed that after the postmortem the dead body of deceased was handed over to them. He further deposed that except the facts mentioned above he know nothing about the present incident. He further deposed that both the accused persons namely Ram Babu and Sarwan present in the court are known to him but they had not caused any injury to his brother Vijay Bind nor they were present at the spot. He further deposed thta police has not recorded his statement in this case, however, they inquired him about the facts of the incident and he told the police the same facts as deposed by him mentioned above. Since the witness was resiling from his previous statement, he was duly crossexamined by Ld. Addl. PP but despite detailed crossexamination, he did not support the case of prosecution on any of the material aspects.
State vs. Ram Babu & Anr. Page No. 7/13 SC No. 130/1/14 FIR No. 248/14P.S Vikas Puri 7 As per case of prosecution, PW1 Mr. Karo Bind is complainant/injured/eyewitness of incident. He is also nephew of deceased Vijay. During his deposition in court, he deposed about some introductory facts but he did not deposed anything about involvement of accused persons in present case. He was duly crossexamined by Ld. Addl. PP and during cross examination by Ld. Addl. PP, he denied that he had stated before the police that on 05.04.2014 he alongwith his uncle Vijay Bind were picking the garbage near Lok Vihar Apartment Machi Market Vikas Puri or that about 3:00pm while they were picking garbage in the Khata and thereafter taking meal there or that in a meantime, Rambabu who is also rag picker or his resident of Kali Basti, Uttam Nagar reached there or that he started picking garbage from the same Khata. He further denied that he had stated before the police that when he asked Ram Babu not to pick garbage from the garbage which they have to pick after taking meal stating that they had paid Rupees 200/ to the driver of the truck who had unloaded the said garbage there but accused did not pay any attention towards his request and continued picking garbage or that he started abusing him and also slapped him. He further denied that State vs. Ram Babu & Anr. Page No. 8/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri he had stated before the police that when his uncle Vijay Bind tried to intervene and to save him from accused Ram Babu and he asked to accused Ram Babu why he was beating him and also told accused Ram Babu that he can not pick the garbage from there as they had paid for the same . He further denied that he had stated before the police that after hearing the words of his uncle Vijay accused Ram Babu got annoyed or that he hit his uncle Vijay with a stone which was lying at the spot and caused injury on his head or that after receiving injury his uncle Vijay Bind fell down on the ground or that in a meantime accused Sarwan brother of accused Ram Babu also reached at the spot or that they had gave beating to him or that he had made a phone call to his another uncle Pinto or that Pinto reached at the spot. He further denied that he had stated before the police that accused Ram Babu had caused injury with stone to his uncle Vijay Bind or that accused Sarwan had given beating to him. He denied the suggestion given by Ld. Addl. PP that his statement Ex PW 2/A was recorded by IO SI Rameshwar as per version given by him. He further denied the suggestion given by Ld. Addl. PP that the blood stained concrete stone was sealed and seized by the IO from the spot in his presence or that he put his thumb impression on the same. He further denied the State vs. Ram Babu & Anr. Page No. 9/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri suggestion given by Ld. Addl. PP that that accused Ram Babu is the same person who caused injury to Vijay Bind in his presence with stone. He further denied the suggestion given by Ld. Addl. PP that accused Sarwan had given beating to him. He further denied the suggestion given by Ld. Addl. PP that both the accused persons present in the court were arrested by the IO on 07.04.2014 in his presence or that his statement was recorded by the IO in this regard on that day. He further denied the suggestion given by Ld. Addl. PP that accused Ram Babu had caused injury to his deceased Uncle Vijay Bind with stone in his presence or that accused Sarwan had given beating to him at the spot. He further denied the suggestion given by Ld. Addl. PP that he is not disclosing the true facts regarding the incident in the court as he has been won over by both the accused persons.
8 Other vital public witness as per case of prosecution is PW3 Mr. Pinto. During his examinationinchief he also turned hostile and was crossexamined by Ld. Addl. PP but despite detailed crossexamination, he failed to support the case of prosecution on any material aspect. During his crossexamination he denied the suggestion given by Ld. Addl. PP that his statement State vs. Ram Babu & Anr. Page No. 10/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri was recorded by the IO on 06.04.2014 and on 28.05.2014. He further denied that he had stated before the police that on 05.04.2014 after receiving information from his nephew Karo Bind that accused Ram Babu was beating his brother Vijay Bind or that Vijay Bind had fell down on the ground and he immediately reached at the spot or that he made a phone call at no. 100 or that he found both the accused Ram Babu and Sarwan present in the court beating his nephew and his brother Vijay Bind at the spot. He further denied that he had stated before the police that he had seen accused Ram Babu beating his brother Vijay Bind with leg and fist blows while his brother was lying on the ground at the spot or that accused was exhorting 'Aaj tumhe jan se he mar deta ho'. He further denied the suggestion given by Ld. Addl. PP that he is not disclosing the true facts in the court as he has been won over by the accused persons. He further denied the suggestion given by Ld. Addl. PP that the incident had taken place in his presence.
9 It is clear from the above discussion that both the alleged eyewitnesses/public witnesses have not deposed anything against both the accused persons and both the witnesses have specifically deposed that both the accused persons have not State vs. Ram Babu & Anr. Page No. 11/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri caused any injury to Karo Bind and deceased Vijay and even that they were not present on the spot. The main/star witnesses of the prosecution have failed to support its case as discussed above. The testimonies of other witnesses can not be given much importance as they have come into the picture after the alleged incident.
10 Apart from the testimony of above mentioned eye witnesses, there is no incriminating evidence or incriminating circumstances which can connect the accused with the alleged offence. The FSL result, even if found positive, will be of no use so far as the allegations against the accused are concerned. The weapon of offence i.e stone and the exhibits collected from hospital at the time of postmortem only have been sent to FSL to verify the blood group etc. At the most, blood can be detected on the stone and the same can be of the blood group similar to the deceased. If the blood similar to that of deceased is detected on the stone, the same will not be inconsistent with the facts deposed by PW2 & PW3 who have told about receiving of injury by Vijay Bind by falling on stone. It is not case of prosecution that the accused persons were also injured in the incident or that there are chances of the presence of blood pertaining to any of the accused State vs. Ram Babu & Anr. Page No. 12/13 SC No. 130/1/14 FIR No. 248/14 P.S Vikas Puri on the stone. Similarly, there are no finger print etc. lifted from the spot or weapon of offence. There is also no inspection of the spot by the crime team. Neither there is any direct evidence nor there is any circumstantial evidence against the accused persons.
11 In view of above discussion, I am of the view that prosecution has not been able to prove a case against accused persons namely Ram Babu and Sarwan for any of the alleged offence beyond reasonable doubts. With these observations, accused persons namely Ram Babu and Sarwan are acquitted of all the charges framed against him. Accused Ram Babu is in J/C. Bail bonds u/s 437A Cr.P.C furnished on behalf of accused Ram Babu. Intimation be sent to Jail Superintendent to release the accused Ram Babu immediately if not required in any other case. Accused Sarvan is on bail in this case. The bail bonds qua accused shall remain in force for a period of six months in view of the provisions of section 437A of the Code of Criminal Procedure. Case property, if any be released to its rightful owner. The file be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT (SANJAY JINDAL)
TODAY i.e.ON 06 January, 2015 ASJ:04:WEST:THC:DELHI
th
06.01.2015
State vs. Ram Babu & Anr. Page No. 13/13