Delhi District Court
State vs . Vijay Biswas And Ors. on 5 June, 2014
IN THE COURT OF MS. BHAVNA KALIA
METROPOLITAN MAGISTRATE06, SOUTH EAST DISTRICT
SAKET COURTS, NEW DELHI
FIR No. 497/2002
P.S. Kalkaji
U/s 325/34 IPC
State Vs. Vijay Biswas and ors.
JUDGMENT :
a. Sl. No. of the case : 233/1
b. Date of Institution : 24.03.2003
c. Date of Commission of Offence : 18.07.2002
d. Name of the complainant : Ram Ashre
S/o Ram Naval
e. Name of the accused and his : (1.) Vijay Biswas
parentage and address S/o Sanatan Biswas
R/o D34, Alaknanda
Camp, Kalkaji, New Delhi
(2.) Suresh Kumar
S/o Nitya Nand
R/o C51, Alak Nanda, JJ
Camp, Kalkaji, New Delhi
(Declared PO on
18.08.2011)
f. Offence complained of : U/s 325/34 IPC
g. Plea of the accused : Pleaded not guilty
h. Order reserved : 17.05.2014
FIR NO. 497/2002 PAGE 1 OF PAGE 7
PS KALKAJI
i. Final Order : Convicted
j. Date of such order : 05.06.2014
At the outset, it is clarified that accused Suresh is PO hence the present judgment is only with regard to accused Vijay Biswas. Allegations of the prosecution in brief:
The prosecution case in brief are that on 18.07.2002, on receipt of DD no. 11A regarding a quarrel, IO/SI Ram Lal along with Ct. Suresh reached the spot i.e. Alaknanda Camp, where they came to know that the injured had been removed to hospital by PCR van. IO along with Constable reached AIIMS hospital where injured Ram Ashre was found admitted who gave his statement stating therein that on 17.07.2002, he was standing along with his TSR near Alaknanda JJ Camp where some persons came to him and said that one child had died and his dead body had to be taken to Yamuna river for which the complainant refused. Thereafter on 18.07.2002, at about 4.30 p.m., when the complainant reached along with his TSR bearing no. DL1RG8809 at Alaknanda Camp, two boys met him out of whom one was carrying iron rod and another was carrying iron pipe in their hands. Accused Suresh pulled him out from the TSR and accused Vijay hit him below the knee with iron pipe due to which blood started oozing from his right leg and the complainant fell down on the road. One TSR driver who was standing over there rescued him from the accused persons and called the police. PCR FIR NO. 497/2002 PAGE 2 OF PAGE 7 PS KALKAJI van reached the spot and removed the injured to the hospital. Complainant stated that both the accused persons together with their common intention hit him with an iron pipe due to which he suffered injuries. Investigation was carried out. Site plan was prepared at the instance of complainant. Both the accused persons were arrested. Charge sheet was prepared and filed before the court.
Charge:
Offence was made out against accused Vijay under section 325/34 IPC for voluntarily causing grievous hurt on the person of Ram Asre on 18.07.2002 at about 4.30 p.m at J.J Camp, Alaknanda. Prosecution Evidence:
Prosecution has examined seven witnesses to prove its case. PW1 HC Virender Singh was only a formal witness who stated that on 29.07.2002, he was posted at PS Kalkaji as Duty Officer and at about 5.3o p.m., he received Rukka from SI Ram Lal, on the basis of which he registered the FIR Ex. PW1/A. His endorsement on rukka is Ex. PW1/B. PW2 Ram Ashre stated that on 17.07.2002, when he was present at JJ Camp, Alaknanda, some public persons tried to hire his TSR for carrying dead body of one boy to Yamuna. He refused and they threatened him. The next date on 18.07.2002, when he reached JJ Colony, FIR NO. 497/2002 PAGE 3 OF PAGE 7 PS KALKAJI Alaknanada, both accused, identified by witness in the court, had one iron pipe and one iron rod/saria and they dragged him from his TSR. They gave him beatings. He fell down and also received injuries and also his right leg broke. He stated that another TSR driver namely Santosh saved him. The time was about 4.30 p.m. The police reached there and took him to AIIMS hospital. IO recorded his statement Ex. PW2/A. During his cross examination, he stated that he was present at the spot as he was waiting for passengers. He denied that he was deposing falsely.
PW3 Santosh Kumar deposed on the same lines as PW2. He stated that he was present at the spot when PW2 was being given beatings by both the accused (correctly identified in the court). He stated that both the accused persons were carrying iron rod/saria. He saved PW2. He stated that he had called the police as blood was oozing out from the body of PW2. PW2 was shifted to AIIMS where his right leg was plastered.
In his cross examination, PW3 stated that he was 810 feet away from the spot at the time of incident. He denied the suggestion that he was deposing falsely.
PW4 Dr. Piyush Varshney from AIIMS stated that he had seen the MLC bearing no. 69705/02 of injured Ram Ashrey prepared on 18.07.2002 as per which Dr. Vishwanath had examined the injured and opined grievous injury with blunt object.
FIR NO. 497/2002 PAGE 4 OF PAGE 7 PS KALKAJI
PW5 Dr. Poonam from AIIMS stated that she had seen the X Ray report bearing no. 25493, dated 18.07.2002 which is Ex. PW5/A as per which Dr. Shri Sridhar had opined fracture of right tibia. She also identified the signatures of Dr. Shri Sridhar.
PW6 HC Suresh stated that on 18.07.2002, he was posted at PS Kalkaji and about 5.00 p.m., he received DD no. 11A regarding quarrel at Alaknanda. He reached the spot with SI Ram Lal and came to know that injured had been shifted to the hospital. When they reached AIIMS, they realized that IO had recorded the statement of injured. Both the accused persons were produced in the PS by Bhadra Sarkar and arrested vide memo Ex. PW6/A and B and their personal search was conducted vide memos Ex. PW6/C and 6/D. During his cross examination he stated that even though public persons met them at the spot, they did not disclose anything.
PW7 SI Ram Lal stated that on 18.07.2002, on receipt of DD no. 11A, he went with Ct. Suresh at the spot and came to know that the injured had been taken to the hospital. They obtained permission to record the statement of injured. Doctor opined nature of injury as grievous with blunt object. He came back to the police station, prepared Rukka Ex. PW7/A and handed over the same for the registration of FIR. He prepared site plan Ex. PW7/B and recorded the statements of witnesses. He arrested the accused persons . He also identified the accused Vijay in the court.
FIR NO. 497/2002 PAGE 5 OF PAGE 7 PS KALKAJI
Statement of accused under section 313 Cr.P.C:
Accused denied all the evidence against him and stated that he was only standing at the spot with many other public persons and the present case was falsely registered against him. Defence:
No defence evidence was lead by the accused.
Decision and reasons:
Submissions have been heard and documents have been perused.
Section 325 IPC provides for punishment for voluntarily causing grievous hurt except for cases provided in section 335 IPC. Section 335 IPC provides for punishment for voluntarily causing grievous hurt on provocation. In the present case, section 335 IPC is not effected.
Section 325 IPC prescribes the punishment for voluntarily causing grievous hurt which is made an offence under section 322 IPC. A person is said to voluntarily caused grievous hurt when the hurt caused by him is of the nature of any of the kind of hurt enumerated under section 320 IPC and he intends or knows himself to be likely to cause grievous hurt.
In the present case, PW1 and PW2 have stated that the accused persons had come armed with iron rods/sarias to the spot where PW1 was present and accused Suresh had taken him out from the auto FIR NO. 497/2002 PAGE 6 OF PAGE 7 PS KALKAJI and then both the accused persons had beaten him and caused injuries with the iron rod/saria. Due to the beatings, PW1 had gone to the hospital and his medical was conducted there. In his MLC, the doctor has opined grievous injuries with blunt object and in the XRay report, the opinion is that there was a fracture of right tibia.
PW1 stated that on 18.07.2002, the said incident had happened and another TSR driver namely Santosh who is PW2 had saved him. The witness has been cross examined but there is nothing on record to rebut his testimony. PW2 also corroborated the testimony of PW1 and deposed on similar lines. Even though this witness was cross examined but there is nothing on record to rebut his testimony. The accused has only stated in his defence that he was present at the spot as part of the crowd and the police picked him up. The said defence is not a plausible defence and also does not demolish the case of the prosecution.
Common intention of both the accused persons has not been established hence offence under section 34 IPC is not made out. However, in view of the testimony of PW1 and PW2 and also the medical on record, accused Vijay Biswas is convicted for the offence under section 325 IPC.
Announced in the Open Court (BHAVNA KALIA)
On 05.06.2014 Metropolitan Magistrate06
South East District/New Delhi
FIR NO. 497/2002 PAGE 7 OF PAGE 7
PS KALKAJI