Delhi District Court
State vs Khalil @ Munna And Anr on 18 November, 2024
IN THE COURT OF SH. NAVJEET BUDHIRAJA
ADDITIONAL SESSIONS JUDGE-02, SOUTH DISTRICT
SAKET COURTS: DELHI
SESSIONS CASE NO.218/2022
CNR No: DLST-01-004732-2023
FIR No. 654/2022
Police Station: Ambedkar Nagar
Under Section: 307/323/34 IPC
STATE
VERSUS
(1) Khalil @ Munna
S/o Chote Khan
R/o H. No. 3/622, Dakshinpuri
Ambedkar Nagar, New Delhi
(2) Imran
S/o Sh. Chote Khan
R/o H. No. 3/622 Dakshinpuri
Ambedkar Nagar, New Delhi
Date of institution : 06.05.2023
Date of committal : 12.05.2023
Date of Reserving judgment : 18.11.2024
Date of Pronouncement : 18.11.2024
Decision : Acquitted
JUDGMENT
Thumb nail sketch of the prosecution case is that on 05.12.2022, during emergency duty, Assistant Sub-Inspector (ASI) Satender Singh got an information vide daily diary (DD) number 9A regarding medico legal case (MLC) no.16577/22 of page no. 1 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:30:24 +0530 one Pankaj aged about 28 years upon which he along with constable (Ct.) Shilpi reached at Batra Hospital where they came to know that injured had gone to AIIMS Trauma Centre for treatment and then ASI obtained MLC wherein doctor mentioned that alleged history of physical assault at Block-3 Dakshinpuri Ambedkar Nagar and patient came with the laceration of 3x5cm in the left side of upper forehead and laceration left of the lip' and wherein no eye witness could be found of the incident after extensive searching. In the meanwhile, a DD no.30A was received from AIIMS Trauma Centre regarding MLC no.500342108/22 of Pankaj Bisht, S/o Sh. Sabar Singh, R/o B-15, Krishna Park, aged about 29 years. Thereafter, ASI along with Ct. Shilpi reached at AIIMS Trauma Centre wherein injured was found undergoing treatment in yellow zone and doctor told them that injured was unfit for statement and where also despite extensive inquiry, no eye witness could be found of the incident.
2. Thereafter, ASI along with Ct. Shilpi left for the spot i.e. Block 3, Dakshinpuri but they did not find the spot despite extensive search. MLC was kept pending for investigation.
Thereafter, ASI again reached at AIIMS Hospital wherein injured was found undergoing treatment in Red Zone and in respect of recording of statement of injured, doctor declared him unfit for statement.
3. Thereafter, ASI along with Ct Shilpi reached at Block No.3, Dakshinpuri but no correct spot was found despite best efforts and on the foundation of the MLC, offence under Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:30:31 +0530 page no. 2 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 section 308/34 Indian Penal Code, 1860 (IPC) was found to have occurred and the case was got registered.
4. During further investigation, on 16.12.2022, ASI reached at home of injured who recorded his statement that on 04.12.2022 he went to the marriage of his friend Sachin and on the way, his friend Karan met him at Block no.3, Dakshinpuri who also went there. At around 08pm, they reached in the marriage from where he and Karan after taking their meal left around 09:30pm and when they reached in front of AKM Motor, main road going towards Virat Cinema, Munna Khan was standing there along with Sumit Bhandari, Munna Khan had already told him many times that he should not befriend Karan and should not stay with him, then he started telling him that why was he with him even after he asked him and he started fighting with him in a loud voice. Sumit Bhandari and Karan started defending him, meanwhile, Munna Khan's younger brother Imran, whom he already knew, came running with a baseball bat in his hand who came and kicked on his head and Munna Khan also started hitting him with kicks and told 'let's finish his work' and they kept hitting him until he fainted and when he regained his conscious state, he was in AIIMS Trauma Centre.
5. During further investigation on 20.12.2022, statement of eye witness Karan and mother and sister of injured was recorded under section 161 Code of Criminal Procedure, 1973 (Cr.P.C). Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:30:36 +0530 page no. 3 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023
6. During further investigation on 07.02.2023, when ASI was present in the police station, accused Imran Khan and Khalil @ Munna came at PS to whom ASI already served the notice under section 41A Cr.P.C and they confessed to have committed the crime in question.
7. During further investigation, at the instance of accused Imran Khan, baseball bat was recovered behind the gate of room which was situated at ground floor of his house. Thereafter, ASI measured the same and seized the same. Thereafter, at the instance of both the accused persons, place of occurrence was identified. During further investigation, ASI recorded the statement of Head Constable (HC) Ramesh under section 161 Cr.P.C.
8. Thereafter, opinion on the MLC of the injured was obtained as per which nature of the injury was found to be grievous and, thus, section 325/307 IPC was added instead of section 308 IPC. ASI obtained the blood in gauze of injured and also obtained the result on the MLC of Pooja and Pushpa as per which nature of injury was found to be simple. Thereafter, section 323 IPC was also added. On 06.04.2023, baseball bat and blood in gauze were deposited in FSL Chankyapuri through HC Kuldeep vide RC no. 144/21/23. Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:30:39 +0530
9. During further investigation, on 01.05.2023, eye witness Nisha came in PS and handed over one pendrive containing CCTV footage which was recorded in CCTV camera page no. 4 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 of one Rajkumari along with certificate under section 65B of Indian Evidence Act to ASI and thereafter ASI seized the same. ASI recorded the statement of Nisha under section 161 Cr.P.C. Both the accused persons were charge sheeted for offence under section 307/325/323/34 IPC.
10. On completion of the investigation and other formalities, the present charge-sheet was finally filed against the both the accused Khalil @ Munna and Imran in the court of Ld. CMM, South who after complying with the provisions of Section 207 Cr.P.C, committed the case to the Court of Sessions for trial.
11. After committal proceedings, the trial of this case was assigned to my Ld. Predecessor, who framed the charges against the accused Khalil @ Munna and Imran on 02.06.2023 for the offence punishable under section 307/323/34 IPC to which they pleaded not guilty and claimed trial.
12. Prosecution then proceeded with examination of witnesses namely Sh. Pankaj Bisht as PW1, Ms. Pooja as PW2, Ms. Pushpa as PW3, Ms. Nisha as PW4, Sh. Karan as PW5, Smt. Raj Kumari as PW6 and ASI Satender Singh as PW7. The documents which were got marked in their deposition are complainant statement as Ex.PW1/A, rukka as Ex.PW7/B, site plan as Ex.PW7/C, arrest memo of accused Imran and Khalil @ Munna as Ex.PW7/D and Ex.PW7/E, personal search memo of accused Imran Khan and Khalil @ Munna as Ex.PW7/F and Ex.PW7/G, disclosure statement of accused Imran and Khalil @ Digitally signed by page no. 5 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:30:46 +0530 Munna as Ex.PW7/H and Ex.PW7/I, seizure memo of baseball as Ex.PW7/J, pointing out memo as Ex.PW7/K, seizure memo of blood sample as Ex.PW7/L and case property i.e. baseball as Ex.P1.
13. Accused persons did not challenge the genuineness of some of formal documents i.e. FIR no. 654/2022 (Ex.PA-1) and certificate under section 65B of Indian Evidence Act (Ex.PA-2), DD no.129A dated 07.02.2023 (Ex.PA-3), MLC of injured Pankaj Bisht dated 04.12.2022 (Ex.PW-4), MLC no. 500348097 of Ms. Pooja dated 05.12.2022 (Ex.PA-5) and discharge summary of Pooja (Ex.PW-5A), MLC no. 500348096 of Ms. Pushpa dated 05.12.2022 (Ex.PA-6) and discharge summary of Puhspa (Ex.PA-7), FSL report bearing no. DLH/325/BIO/101/23 dated 31.10.2023 (Ex.PA-8). Their joint statement under section 294 Cr.P.C in this regard was recorded on 18.11.2024.
14. Prosecution evidence stood closed vide order dated 18.11.2024 followed by statement of accused persons under section 313 Cr.P.C wherein they claimed that they have been falsely implicated in the present case. They, however, did not desire to lead any evidence in their defence.
15. During final arguments, Ld. Counsel for accused persons pointed out that the charge framed against the accused persons stands annihilated as the material prosecution witnesses failed to identify the accused persons to be the assailants on the Digitally signed by NAVJEET page no. 6 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:30:51 +0530 given date of the incident and, thus, there is no evidence to return the finding of the conviction against them.
16. Ld. Additional Prosecutor for the State submitted that PW1 to PW5 have spoken about the incident in question but failed to pinpoint the accused persons as the assailants who had beaten them.
17. Having gone through the record of the case, it is manifest that the case of the prosecution has faltered in so far as fixing the identification of the accused persons who caused injuries to PW1 Pankaj Bisht is concerned.
18. The testimony of PW1 Pankaj Bisht in regard to the incident, non identification of the accused persons, non identification of the baseball stick which was allegedly used for hitting PW1 and his cross examination on behalf of the State is extracted as under:
"I have been residing at the aforesaid address for last about 07- 08 years. I am graduate and working in HR. I can read and write Hindi and English.
On 04.12.2022, I along with my friends, namely, Karan and Rohit Meena were coming after attending a tilak party of my friend Rahul from Block No. 03 on foot. When we reached at A K Motors opposite Block No. 3, Ambedkar Nagar at about 11:00-11:30 PM, three people came from backside and attacked me from behind with baseball bat on my head and various parts of body. Thereafter, I became page no. 7 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 unconscious and fell down. I regained my consciousness at Batra Hospital. Thereafter, I was shifted to AIIMS Hospital and remained admitted at AIIMS Hospital till 15.12.2022.
On 16.12.2022, IO came at my house and asked me to give statement, however, I told the IO that I was not in a position to give the statement. IO had obtained my signatures on one complaint, however, I did not read the same before signing it. IO had informed me that it was just a formality. I do not know who had beaten me and cannot identify the assailants as I was hit from behind and I could not see their faces. Even today, I cannot identify the accused persons, if shown to me.
I can identify the case property i.e. baseball bat, weapon of offence. (At this stage, Ld. Additional PP for State has prayed for cross examining the witness as he has resiled from his earlier statement and has turned hostile. Heard. Records perused. The request is allowed.) XXXX by Sh. L. D. Singh, Ld. Additional PP for State.
At this stage, one hand written statement is shown to the witness and after seeing the same, the witness has identified his signatures at Point A on the said statement which is now exhibited a Ex. PW1/A. I have not stated to the police in my statement Ex. PW1/A that when we reached in front of A. K. M Motors, Main Road, Virat Cinema, where Munna Khan and Sumit Bhandari were standing there. I know Munna Khan as earlier also, he told me not to be friend with Karan and not to be with Karan. Thereafter, he started shouting and scuffling with NAVJEET Digitally signed by NAVJEET BUDHIRAJ BUDHIRAJ Date: 2024.11.18 18:30:58 +0530 page no. 8 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 me. When Sumit Bhandari and Karan tried to save me from him, brother of Munna Khan, namely, Imran, who is known to me also came there, who was carrying baseball bat in his hand hit me on my head and Munna Khan had beaten me with leg and fist blows. They both were saying that, 'tera kaam tamam karte hai'. (Confronted with statement Ex.PW1/A from portion A to A1, where it is so recorded.) I have not stated to the police in my statement that accused Munna Khan and Imran had beaten me with intention to kill me. (Confronted with statement Ex.PW1/A from portion B to B1, where it is so recorded.) It is wrong to suggest that I have been won over by the accused persons and that is why I am deliberately not identifying them being the assailants. It is wrong to suggest that I have deposed falsely in order to save the accused persons as they were my friends.
(At this stage, MHC(M) has produced the case property in a white colour cloth pullanda bearing particulars of this case and bearing seal of 'SRK RFSL CH PURI NEW DELHI'. The cloth pullanda is opened and it is found containing one baseball stick which is shown to the witness. After seeing the same, witness did not identify the baseball stick. Same is now exhibited as Ex. P1 At this stage, MHC(M) has produced the case property in a yellow coloured envelope i.e. parcel no. 2 bearing particulars of this case and bearing seal of 'SRK RFSL CH PURI NEW DELHI'. Same is opened and it is found containing one small plastic jar.
It is wrong to suggest that I am Digitally signed page no. 9 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 NAVJEET by NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:31:03 +0530 deliberately not identifying the case property i.e. baseball bat as I have been won over by the accused persons as they are my friend. It is wrong to suggest that I am deposing falsely as I have been won over by the accused persons and in order to save them from legal punishment. XXX by Sh. Rajeev Kumar, Ld. Counsel for both accused. Nil. Opportunity given."
19. Similarly, PW2 Ms. Pooja, PW3 Ms. Pushpa, PW4 Ms. Nisha and PW5 Sh. Karan have not supported the case of the prosecution and claimed to be not present at the spot of the incident but at their home and have failed to identify the accused persons. All these witnesses were cross examined on behalf of the State since they resiled from their previous statement. For reference, the extract of their cross examination is reproduced herein under.
PW2 Ms. Pooja:
"It is wrong to suggest that on 04.12.2022, after hearing the noise, I along with my mother Pushpa reached in front of A. K. Motors near Virat Cinema and we tried to save Pankaj from the clutches of accused persons and in the meanwhile both the accused persons started beating me and my mother and we sustained injuries. It is wrong to suggest that I have been won over by the accused persons. It is wrong to suggest that I am suppressing the true facts deliberately in order to save the accused persons. It is wrong to suggest that I am deliberately and intentionally not identifying the accused persons. It is wrong to suggest that I am deposing under pressure in order to save the page no. 10 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 accused persons. It is wrong to suggest that I am deposing falsely."
PW3 Ms. Pushpa:
"I have not stated to the police in my statement under Section 161 Cr.P.C. now marked as Mark X that on 04.12.2022 at about 09:30 PM, I along with my daughters Nisha and Neha were roaming with our cat and we heard a noise and reached in front of A. K. Motors near Virat Cinema where we saw that accused Imran and Khalil @ Munna Khan were beating Pankaj Bisht, accused Imran was beating him with baseball bat and accused Munna was giving fist blows to Pankaj. (Confronted with statement from portion A to A1, where it is so recorded.) I have not stated to the police in my statement under Section 161 Cr.P.C. Mark X that in the meanwhile, I along with my daughters Nisha and Neha, Karan and Sumit Bandhari tried to save Pankaj from the clutches of the accused persons and they also beaten up me and my daughter Pooja and we sustained injuries and, thereafter, our medical examination was got conducted at Batra Hospital. (Confronted with statement from portion B to B1, where it is so recorded.) It is wrong to suggest that I have been won over by the accused persons. It is wrong to suggest that I am suppressing the true facts deliberately in order to save the accused persons. It is wrong to suggest that I am deliberately and intentionally not identifying the accused persons. It is wrong to suggest that I am deposing under NAVJEET pressure in order to save the BUDHIRAJ accused persons. It is wrong to Digitally signed by NAVJEET BUDHIRAJ Date: 2024.11.18 18:31:09 +0530 page no. 11 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 suggest that I am deposing falsely."
PW4 Ms. Nisha:
"I have not stated to the police in my statement under Section 161 Cr.P.C. now marked as Ex. PW4/X that on 04.12.2022 at about 09:30 PM, I along with my mother Pushpa and sister Neha were roaming with our cat and we heard a noise and reached in front of A. K. Motors near Virat Cinema where we saw that accused Imran and Khalil @ Munna Khan were beating Pankaj Bisht, accused Imran was beating him with baseball bat and accused Munna was giving fist blows to Pankaj. (Confronted with statement from portion A to A1, where it is so recorded.) I have not stated to the police in my statement under Section 161 Cr.P.C. Ex. PW4/X that in the meanwhile, I along with my mother and sister Neha, brother Karan and Sumit Bandhari tried to save Pankaj from the clutches of the accused persons and they also beaten up my sister Pooja and she sustained injuries and, thereafter, her medical examination was got conducted at Batra Hospital. (Confronted with statement from portion B to B1, where it is so recorded.) It is wrong to suggest that I have been won over by the accused persons. It is wrong to suggest that I am suppressing the true facts deliberately in order to save the accused persons. It is wrong to suggest that I am deliberately and intentionally not identifying the accused persons. It is wrong to suggest that I am deposing under pressure in order to save the accused persons. It is wrong to Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 page no. 12 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 18:31:15 +0530 suggest that I am deposing falsely."
PW5 Sh. Karan:
"I have not stated to the police in my statement under Section 161 Cr.P.C. now marked as Ex. PW5/X that on 04.12.2022, I along with my friend Sachin went to attend a wedding ceremony at Dakshinpuri where Pankaj Bisht, who is my friend, met us and after attending the marriage, we left from there at about 09:30 PM and reached in front of A. K. Motors near Virat Cinema where we saw that accused Munna Khan were standing there with Sumit Bhandari. (Confronted with statement from portion A to A1, where it is so recorded.) I have not stated to the police in my statement under Section 161 Cr.P.C. Ex. PW5/X that in the meanwhile accused Khalil @ Munna Khan told Pankaj Bisht that 'tu mere mana karne ke baad bhi yahan kyu aaya hain' and, thereafter, accused Khalil started shouting at Pankaj Bisht and when Sumit Bhandari tried to intervene, accused Imran who is the younger brother of accused Khalil @ Munna Khan also reached there and started beating Pankaj Bisht with baseball bat and also hit the baseball bat on the head of Pankaj Bisht and accused Munna was giving fist blows to Pankaj (Confronted with statement from portion B to B1, where it is so recorded.) I have not stated to the police in my statement under Section 161 Cr.P.C. Ex. PW5/X that after hearing the noise, my mother Pushpa and sisters, namely, Neha, Nisha and Pooja also reached there and they tried to save Pankaj from page no. 13 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PSDigitally Ambedkar Nagar SC no.218/2023 signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:31:19 +0530 the clutches of the accused persons and they also beaten up my sisters Neha and Nisha and they also sustained injuries and, thereafter, their medical examination was got conducted at Batra Hospital (Confronted with statement from portion B to B1, where it is so recorded.) It is wrong to suggest that I have been won over by the accused persons. It is wrong to suggest that I am suppressing the true facts deliberately in order to save the accused persons. It is wrong to suggest that I am deliberately and intentionally not identifying the accused persons. It is wrong to suggest that I am deposing under pressure in order to save the accused persons. It is wrong to suggest that I am deposing falsely."
20. It is limpid from the afore-noted testimonies of PW1 to PW5 that they have failed to identify the accused persons as the persons who had come to the spot and beaten PW1 and despite confronting PW1 to PW5 with their previous statements, they have failed to support the version of the prosecution. PW1 also failed to identify the baseball bat when the same was produced for identification during his deposition. Further, the FSL result Ex.PA-8 also concludes that no comparison could be drawn from the source of baseball bat with the source of blood sample of the victim. Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date:
2024.11.18 18:31:22 +0530
21. Further, testimony of PW6 Smt. Raj Kumari also shows that she has disclaimed having handed over any CCTV footage to PW4 Ms. Nisha who after recording it in her mobile page no. 14 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023 phone transferred the said footage in a pendrive. The testimony of PW7 ASI Satender Singh is formal in nature touching upon various aspects of the investigation which is not sufficient to establish the charge under section 307/323/34 IPC against the accused persons in the absence of their identification by injured PW1 Pankaj Bisht and PW2 to PW5 and since on the point of identification, the eye witnesses have not supported the case of the prosecution, evidence of the remaining witnesses was dispensed with by the prosecution.
22. The net result of the foregoing exposition is that the prosecution has failed to bring home the charge under section 307/323/34 IPC against the accused persons namely Imran Khan and Khalil @ Munna who, thus, stand acquitted and are set at liberty. File be consigned to Record Room.
Announced in open Court Digitally signed
by NAVJEET
NAVJEET BUDHIRAJ
on 18.11.2024 BUDHIRAJ Date:
2024.11.18
18:31:27 +0530
(Navjeet Budhiraja)
ASJ-02 (South)
Saket Courts, New Delhi
18.11.2024
Certified that this judgment contains 15 pages and each page bears my signatures. Digitally signed by NAVJEET NAVJEET BUDHIRAJ BUDHIRAJ Date: 2024.11.18 18:31:31 +0530 (Navjeet Budhiraja) ASJ-02 (South) Saket Courts, New Delhi 18.11.2024 page no. 15 of 15 State Vs. Khalil @ Munna and Ors FIR no.654/22 PS Ambedkar Nagar SC no.218/2023