Delhi District Court
State vs . Harbans Singh. Fir No. 274/01, Ps Model ... on 18 July, 2012
State Vs. Harbans Singh. FIR No. 274/01, PS Model Town, U/s 337/304A IPC. IN THE COURT OF SH. DHEERAJ MOR, METROPOLITAN MAGISTRATEIV, ROHINI COURTS, DELHI. FIR NO. 274/01 PS. Model Town U/s. 337/304A IPC State Vs. Harbans Singh JUDGMENT
A. SL. NO. OF THE CASE : 757/07
B. DATE OF INSTITUTION : 28.04.2003
C. DATE OF OFFENCE : 21.05.2001
D. NAME OF THE : Sh. Bhagwan Dass
COMPLAINANT S/o Sh. Chokhe Lal
E. NAME OF THE : Harbans Singh
ACCUSED S/o Sh. Gurbachan Singh
F. OFFENCE : U/s 337/304A IPC
COMPLAINED OF
G. PLEA OF ACCUSED : Pleaded not guilty
H. FINAL ORDER : Acquittal
I. DATE OF SUCH ORDER : 18.07.2012
Brief Statement of Reasons for Decision
1. Briefly stated, the facts of the case as unfolded from the chargesheet are that the accused is a contractor and he was carrying on construction work at house no. B8, Model Town, Delhi. It is alleged by the complainant Sh. Bhagwan Dass that he and the deceased Dal Chand were his employees. On 21.05.2001 at about 12.30 pm, the accused in his capacity of employer, directed the complainant and the deceased Dal Chand to work on fourth floor of the said house with the support of a weak and loose plank. The complainant and deceased objected to the said directions of the contractor, however, the accused compelled them to work on the fourth floor in the aforesaid condition. The State Vs. Harbans Singh. FIR No. 274/01, PS Model Town, U/s 337/304A IPC.
complainant has alleged that the accused failed to take proper precautions and due to his negligence, the person namely Dal Chand fell from the fourth floor, as the aforesaid plank supporting the weight of Dal Chand turned upside down due to fact that it was loosely tied. Due to the said fall, the injured Dal Chand suffered injuries and therefore, on the basis of the statement given by the complainant Sh. Bhagwan Dass, the present FIR U/s 337 IPC was registered against the accused at PS Model Town, Delhi. During investigation, the injured Sh. Dal Chand scummed to the injuries sustained by him on account of the said fall from the fourth floor. Thus, the offence u/s 304A IPC was also added. On conclusion of the investigation the present challan u/s 337/304A IPC was filed by SHO of PS Model Town, Delhi.
2. In compliance of Section 207 Cr. P.C the copy of the challan and the documents annexed therewith were supplied to the accused Harbans Singh. Prima facie charge U/s 304A IPC was made out against the accused. Accordingly, on 09.12.2005, the charge was framed by the Ld. Predecessor of this court. The accused pleaded not guilty and claimed trial to the said charge. Thereafter, the case proceeded for prosecution evidence.
3. In order to substantiate its case, the prosecution examined four witnesses.
4. PW1/Sh. Bhagwan Dass is the complainant. He has deposed that on the date of incident the deceased Dal Chand came to him in drunken condition at the place of incident and despite his objections the deceased Dal Chand climbed on the fourth floor of the house. He has testified that he slipped from the shutter of the fourth floor and fell down. He has further testified that the accused Harbans was the contractor of the said building /house. However, he has categorically deposed that the accused Harbans Singh is not responsible for the fatal injuries sustained by the deceased Dal Chand. Thereafter, Ld. APP for the state cross examined the said witness as he was resiling from his earlier statement. Despite putting leading questions to the said witness, Ld. APP for the state could not extract any incriminating evidence against the accused as he persisted that the accused is not responsible for the death of the deceased Dal Chand.
5. PW2/W/ASI Babita has deposed that on 21.05.2001, she was posted as DO. She has further deposed that on that day on receipt of rukka from Ct. Nawab State Vs. Harbans Singh. FIR No. 274/01, PS Model Town, U/s 337/304A IPC.
and accordingly she registered the present FIR 274/01. She has proved the said FIR as Ex. PW2/A.
6. PW3/Dr. R.M. Rajneesh has deposed that on 21.05.2001, he was posted at Shushruta Trauma Center as CMO. He has further deposed that he examined the injured Dal Chand and prepared his MLC No. 19787. He has further testified that the patient was referred to neuro surgery for expert opinion.
7. PW4/Ct. Nawab Singh is a formal witness and he has testified that the IO handed over a rukka to him and he took the same to PS Model Town for getting the FIR registered and after registration of the FIR, he came back at the spot and handed over the copy of FIR and original rukka to IO/SI Rajender Kumar. His further examination in chief was deferred. Thereafter, PE was closed.
8. There was no incriminating evidence against the accused Harbans Singh to indict him for criminal liability u/s 337/304A IPC. Therefore, the statement of the accused Harbans Singh u/s 313 Cr.P.C. was dispensed with and the matter proceeded for final arguments.
9. I have heard Ld. APP for the state and Ld. counsel for the accused Harbans Singh. I have carefully perused the case file.
10. The cardinal principle of the criminal law is that the accused is presumed to be innocent till he is proved guilty, beyond any reasonable doubt. The burden of proving the guilt of the accused, exclusively lies on the prosecution and the prosecution is required to stand on its own legs. The benefit of doubt, if any, must go in favour of the accused.
11. The present case of the prosecution is based on the statement of the PW1/complainant Sh. Bhagwan Dass. The complainant PW1 Bhagwan Dass is the most important/vital witness to indict the criminal liability of the accused. The said witnesses have, though, proved the alleged incident of fall of deceased Dal Chand and his subsequent death, on the alleged date,time and place of incident, but he has categorically testified that he died on account of his own fault. Ld. APP for the state had crossexamined the said witness, but nothing incriminating against the accused could be extracted from the said witness. The entire case of the prosecution is based on the foundation laid down by the statement of the complainant Sh. Bhagwan Dass and once he has failed to support the State Vs. Harbans Singh. FIR No. 274/01, PS Model Town, U/s 337/304A IPC.
prosecution version regarding the alleged rash or negligent act on the part of the accused, the entire case of the prosecution is bound to crumble like pack of cards.
12. Even if, it is established beyond reasonable doubt that the deceased Dal Chand died on account of his fall from the fourth floor of the house as alleged by the prosecution, in that case also it cannot be conclusively held that the said deceased fell on account of any act or omission on the part of the accused Harbans Singh. On the contrary, the sole eyewitness PW1/Sh. Bhagwan Dass has categorically testified that the deceased Dal Chand received fatal injuries on account of his own fault and the said fatal injuries cannot be attributed to any act or omission of the accused Harbans Singh. Thus, there is not even an iota of incriminating evidence against him to substantiate the prosecution version. Hence, the prosecution has failed to discharge its onus of proving the culpability of the accused Harbans Singh. Thus, he is entitled to benefit of doubt.
13. In view of the above discussion the accused namely Harbans Singh is acquitted for the offence punishable U/s 304A IPC. He is directed to furnish fresh personal bond in a sum of Rs. 15,000/ with one surety in like amount, in accordance with Section 437A Cr.P.C. The same is furnished and is are accepted. It shall remain in force till next six months.
File be consigned to Record Room after due compliance.
ANNOUNCED IN OPEN court today i.e. 18.07.2012 (DHEERAJ MOR) METROPOLITAN MAGISTRATE ROHINI COURTS: DELHI