Delhi District Court
State vs Kesho on 3 August, 2015
IN THE COURT OF SH. RAVINDER DUDEJA: ADDITIONAL SESSIONS JUDGE: FTC : E COURT: SHAHDARA: KARKARDOOMA COURT: DELHI. SESSIONS CASE No. 61/14 FIR No. 462/86 U/S: 147/148/149/427/436 IPC P.S: Vivek Vihar State Versus Kesho S/o Sh. Jagse, R/o 131 A, New Sanjay Amar Colony, Gali No.4, Vishwas Nagar, Delhi. Date of Institution : 15.09.2014 Date of Arguments : 03.08.2015 Date of Judgment : 03.08.2015 JUDGMENT
1. The prosecution case in brief is that on 02.12.86 SI Tej Singh alongwith staff were present at Vishwas Road where they received an information that a shop has been set on fire behind Swaran Cinema. On this information SI alongwith his staff reached at the spot where complainant Surjeet Kaur got recorded her statement that she is residing in Plot No.2, Vishwas Nagar, Delhi with her two sons namely Kanwaljeet Singh and Rajender Pal Singh who were also running a spare parts shop in the said premises. She further stated in her complaint that at about 1.00 pm while her both sons were present in the house, a mob of 200/250 people came in front of his house and some of them started throwing stones and also set on fire the shop after breaking the shutter and most of the articles lying in the shop were destroyed. She also stated FIR No. 462/86 Page 1 of 3 in her complaint that she can identify those persons if produced before her. On the basis of the statement so made by the complainant a case was registered u/s 147/148/427/436 IPC and the matter was investigated by SI N.S. Khan. During investigation, IO recorded the statements of witnesses, got the spot photographed and arrested the accused persons namely Kesho, Kishore, Shiv Lal, Babu Lal & Ram Avtar. After completing the investigation, the chargesheet was filed against them u/s 147/148/427 & 436 IPC. Accused Kesho & Ram Avtar were declared Proclaimed Offender. The Sessions Court framed charges against accused Babu Lal, Kishore & Shiv Lal u/s 147/148/149/427 & 436 IPC. After trial, the accused Babu Lal, Kishore & Shiv Lal were acquitted by the court of Sh. R.P. S. Teji, ASJ vide judgment dated 30.07.98.
2. Accused Kesho was arrested by the police on 14.07.2014 and a Kalandra u/s 41.1(c) Cr.P.C. was filed before the CMM. Without waiting for the supplementary challan, the Ld. CMM committed the matter to the Sessions Court observing that section 436 IPC is exclusively triable by the Sessions Court.
3. Charges u/s 149/147/148 IPC and u/s 427/149 & 436/149 IPC were framed against the accused Kesho to which he pleaded not guilty.
4. In order to prove its case, prosecution recalled SI Lakhmi Chand and examined him as PW-6. He merely recorded the statement of photographer Darshan Singh and public witnesses Rajender Singh and Kanwaljeet Singh u/s 161 Cr.P.C and prepared the chargesheet. Prosecution also examined retired SI Sipattar Singh as PW-7. He had recorded the FIR Ex.PW7/A.
5. Summons were sent to PW Surjeet Kaur, Kanwaljit, Rajender Pal Singh, Amrik Singh and Darshan Singh Bedi. Since summons remained FIR No. 462/86 Page 2 of 3 unserved, they were summoned through SHO as also through concerned DCP. As per report received, PW Amrik Singh has since expired. The proceedings of the file revealed that PW Surjeet & Harbans Lal have also expired. Summons sent to the other witnesses also remained unserved by both means i.e. sent through SHO and through DCP. Thus, three public witnesses have expired and the remaining are not traceable. They are the only material witnesses of this case. The other witnesses either examined or cited by the prosecution are formal witnesses. No useful purpose could have been served by examining the remaining formal witnesses. Prosecution evidence was therefore closed. It is also useful to mention here that the material public witnesses when examined during trial of the co-accused persons had turned hostile. Be that as it may, no incriminating evidence has come on record against accused Kesho. Statement of accused was therefore dispensed with. Accused Kesho is accordingly acquitted. However, he is directed to furnish a personal bond in the sum of Rs.10,000/- with a surety of like amount u/s 437 A Cr.P.C. File be consigned to record room after bail bond is furnished.
ANNOUNCED IN THE OPEN COURT (RAVINDER DUDEJA)
ON 03.08.2015 ADDL. SESSIONS JUDGE:
FTC/E- COURT/KKD/DELHI.
FIR No. 462/86 Page 3 of 3