Delhi District Court
21. Also, In The Case Of "Mano Dutt & Anr. vs State Of Up, (2012) 4 Scc 79, It Was on 3 May, 2018
IN THE COURT OF MS. MANU VEDWAN
METROPOLITAN MAGISTRATE, WEST, TIS HAZARI COURT
State v. Dashrath Rai & Ors
FIR No.800/02
PS Punjabi Bagh
U/s 325/323 IPC
JUDGMENT
Case No. : 70307/16
Date of Institution : 10.02.2003
Date of Commission of Offence : 28.09.2002
Name of the complainant : Smt. Sunita
W/o Shiv Kumar
R/o Jhuggi Shaheed Bhagat Singh Camp
Paschim Puri, Delhi.
Name & address of the accused : (1) Dashrath Rai
S/o Laxman Rai
R/o Jhuggi No.33, Shaheed Bhagat Singh
Camp, Paschim Puri, New Delhi
(2) Santosh
S/o Sh. Siyaji Rai
R/o Jhuggi No.33, Shaheed Bhagat Singh
Camp, Paschim Puri, New Delhi
(3) Mukesh
S/o Parmeshwar Rai
House No. R-779, Jawalapuri,
R/o Paschim Vihar, New Delhi.
(4) Ashok
S/o Parmeshwar Rai
R/o House No. R-779, Jawalapuri,
R/o Paschim Vihar, New Delhi.
Offence complained of : 325/323/34 IPC
Plea of accused : Pleaded not guilty
Final Order : All Convicted under Section 325/323/34
IPC
Date on which reserved for judgment : 01.05.2018
Date of announcing of judgment : 03.05.2018
BRIEF STATEMENT OF THE REASONS FOR THE DECISION
FIR No.800/2002 u/s 325/323/34 IPC 1
PS Punjabi Bagh
1. Vide this judgment this court shall decide the present case under Section 325/323/34 Indian Penal Code,1860.
2. The briefly stated story of the prosecution is that on 28.09.2002, at about 6.00 pm, at Shahid Bhagat Singh Jhuggi all the accused persons namely Dashrath Rai, Santosh, Mukesh and Ashok voluntarily, caused grievous injuries with the blunt object on the person of complainant Ms. Sunita. It has been further alleged that all the accused persons had also caused simple injuries on the person of Ravinder and Manoj. Hence, the accused persons are alleged to have committed an offence under Section 325/323/34 IPC. On basis of the statement of the complainant the FIR was lodged.
3. Charge sheet was filed against the accused persons in the court. Copy of chargesheet and other scruttable documents were supplied to the accused persons under Section 207 Cr.P.C. Charge has been framed against the accused presons for offence under Section 325/323/34 Indian Penal Code, vide order dated 05.08.2003, to which they pleaded not guilty and claimed trial.
4. In order to prove the case against the accused, the prosecution has examined ten witnesses i.e (1) Sunita (2) Manoj Kumar (3) Ravinder (4) ASI Kuldeep (5) Rakesh Kumar, Record Clerk (6) HC Ram Niwas (7) Dr. Sanjay Kumar Jain (8) Ct. Kishan (9) W/H Shila Wati (10) Ct. Devender.
5. PW-1 Smt. Sunita deposed that she is a maid by profession. She was sick and after getting well she again went to her work place that is a Kothi, where, she came to know that during her illness period another maid was working at her place. PW-1 also came to know that the said maid was provided by Ms. Sondriya @ Sundri, who, is her neighbour. She inquired from Sondriya @ Sundri about her alleged conduct. PW-1 cursed the person who had got another maid appointed at her place. FIR No.800/2002 u/s 325/323/34 IPC 2 PS Punjabi Bagh Sondriya @ Sundri had denied having got that maid appointed at her place. PW-1 further deposed that when accused Dashrath came back home after his duty, his wife Sondriya @ Sundri reported him that Sunita along with other had abused her. On the day of incident, accused Dashrath came at the house of PW-1 along with co-accused persons namely Santosh, Mukesh and Ashok. They were armed with Lathi /danda and started beating PW-1. Accused Dashrath attacked on her right hand by Lathi due to which, she sustained severe injury in her right hand. Accused Mukesh and Santosh also gave blow to her by Lathi. All the accused persons had beaten Manoj by Lathi. Accused persons had also beaten her mother and brother Ravinder by Lathi. Accused persons started pelting bricks upon her and her family member due to which her mother and brother Ravinder sustained injuries. Due to said beating by accused persons, PW-1 sustained fracture on her hand and her family members also sustained injuries. They went to police station and recorded her statement Ex.PW1/A. This witness was cross examined at length by the Counsel for accused persons.
6. PW-2 Manoj Kumar deposed that he did not remember the exact month but incident was happened on 28th day of 2002. There were an altercation between Sunita and Sondriya @ Sundri regarding maid work in a Kothi. PW-1 further deposed that when accused Dashrath returned back at his home he came in front of his house and started beating his brother-in-law Ravinder. When PW-2 tried to rescue escape Ravinder, accused Dashrath called his relatives namely Santosh, Ashok and Mukesh. They all came at the spot and started beating them. Accused Santosh gave brick injury on his left side eye brow. When, Sunita tried to save PW-2, accused Dashrath gave danda blow on her right hand. Due to said blow her right hand got fractured. After beating them brutally, accused persons fled away from FIR No.800/2002 u/s 325/323/34 IPC 3 PS Punjabi Bagh the spot. PW-2 along with his brother in law Ravinder, mother in law and sister in law Sunita sustained injuries. Police official recorded his statement in Police Post Madipur. He got medically treated in SGM hospital along with injured Sunita. This witness was also cross examined at length on behalf of accused persons.
7. PW-3 Ravinder corroborated the testimony of PW-1 and PW-2. This witness was also cross examined at length on behalf of accused persons.
8. PW-4 ASI Kuldeep Singh deposed that on 11.10.2002 he was posted at Police Station Punjabi Bagh. He had registered the FIR on the basis of rukka sent by HC Ram Niwas through Constable Krishan Kumar. He proved the FIR as Ex.PW4/A and endorsement on rukka as Ex.PW4/B.
9. PW-5 Rakesh Kumar, Record Clerk from SGM Hospital proved the MLC No. 67625 & 67632 from the original record. Same are Ex.PW5/A and Ex.PW5/B respectively .
10. PW-6 HC Ram Niwas deposed, that on receiving DD No.21, which is Ex.PW6/A, he along with Constable Krishan reached at spot that is Shahid Bhagat Singh Juggies, Paschim Puri, Delhi. PW-6 further deposed that there he found injured Sunita, Ravinder and Manoj. He recorded the statement of complainant Ms. Sunita. All the injured were then sent to Sanjay Gandhi Hospital where they were medically examined. PW-6 collected the MLC of injured Manoj and Ravinder. MLC of Sunita was kept pending. On 11.10.2002 he collected the MLC of Sunita which is Ex.PW6/B. He made endorsement on complaint which is Ex.PW6/C. Rukka was handed over to constable Krishan for registration of FIR who had taken the same to Police Station and got the FIR registered and came back at the spot and handed over the copy of FIR and original rukka to the witness. PW-6 prepared site plan which is Ex.PW6/D at the instance of complainant Sunita. Accused Dashrath, Santosh, Mukesh and Ashok were arrested during the course of investigation vide FIR No.800/2002 u/s 325/323/34 IPC 4 PS Punjabi Bagh memo Ex.PW6/E to Ex.PW6/H and their personal search were also conducted vide memo Ex.PW6/I to Ex.PW6/L. Accused persons were released on police bail. He recorded the statement of witnesses. After completion of the investigation, he filed the charge-sheet in the court. This witness was also cross examined at length on behalf of accused persons.
11. PW-7 Dr. Sanjay Kumar Jain proved the MLC No. 2524 and 67626 pertaining to injured Sunita which was prepared by Dr. Punnet. He had identified the handwriting and signature of Dr. Punnet as he had worked with him in official capacity.
12. PW-8 Constable Kishan had corroborated the testimony of PW-6. He has further deposed that he had taken the injured persons to concerned doctor for medical examination vide medical request document which is Ex.PW8/A and Ex.PW8/B respectively. This witness was also cross examined at length on behalf of accused persons.
13. PW-9 W/HC Shila Wati deposed that on 28.08.2002 she was performing the duty as DD writer. She was informed by unknown person telephonically regarding quarrel at Paschim Puri, Jhuggi. PW-9 made DD No.21 in this regard which is Ex.PW6/A.
14. PW-10 Constable Devender deposed that, on 12.10.2002, he was posted Police Post Madipur Police Station Punjabi Bagh. On that day, he along with HC Ram Niwas reached at house of the complainant Ms. Sunita for further investigation. Thereafter, he along with IO HC Ram Niwas and complainant Ms. Sunita reached at Jhuggi of Dashrath in Shaheed Bhagat Singh, Paschim Puri where one person namely Ashok Rai was sitting outside the said Jhuggi and he was involved in the quarrel. They apprehended Ashok Rai and interrogated him. Ashok was arrested and his personal search was conducted. IO recorded the statement of witnesses. This witness was cross examined on behalf of accused persons. FIR No.800/2002 u/s 325/323/34 IPC 5 PS Punjabi Bagh
15. After the prosecution evidence was closed, statement of accused persons were recorded u/s 313 Cr.P.C, wherein they denied all the allegations and pleaded innocence.
16. I have heard the submissions made by the Learned APP for state and the Learned Counsel for accused and carefully perused the evidence and the documents on record. Learned APP for State has submitted that the prosecution has proved its case and the accused persons be convicted for the alleged offence.
17. Per contra, the learned Counsel for accused persons has submitted that the accused persons have been falsely implicated in this case.
18. Let us first discuss the relevant provisions of law for the purpose of the present case. Accused persons have been charged under Section 325 IPC for voluntarily causing grievous hurt to the complainant Ms. Sunita. This section prescribes the punishment for voluntarily causing grievous hurt except in cases provided for by Section 335 IPC. The essential ingredients to prove an offence under "Grievous Hurt" has been defined under Section 320 IPC. The following kinds of hurt only are designated as "grievous":-
1. Emasculation.
2. Permanent privation of the sight of either eye.
3. Permanent privation of the hearing of either ear.
4. Privation of any member or joint.
5. Destruction or permanent impairing of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
7. Fracture or dislocation of a bone or tooth.
8. Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.FIR No.800/2002 u/s 325/323/34 IPC 6
PS Punjabi Bagh
19. Accused persons have also been charged under Section 323 IPC for voluntarily causing simple injury to Sh. Ravinder and Sh. Manoj. This is a general section for the punishment of voluntarily causing hurt. Hurt is defined under Section 319 IPC as causing of bodily pain, disease or infirmity to any person.
20. In the case at hand, the prime witnesses of the prosection are PW-1 Sunita, PW-2 Manoj and PW-3 Ravinder being the complainant/sufferer. They have given the detailed and lucid account of the entire incident. The testimony of PW-1, PW-2 and PW-3 have remained intact on all the material points. It does not suffer from any major discrepancy. The defence has not been able to impeach the credibility of these witnesses or shake the veracity of their statement during cross examination. Their testimony is completely reliable and trustworthy.
21. Also, in the case of "Mano Dutt & Anr. Vs State of UP, (2012) 4 SCC 79, it was held by the Hon'ble Supreme Court of India, "Normally, an injured witness would enjoy greater credibility because he is the sufferer himself, and thus there will be no occasion for such a person to state an incorrect version of the occurrence or to involve anybody falsely and in the bargain, protect the real culprit."
22. The court does not see any reason to disbelieve the testimony of PW-1, PW-2 and PW-3. The testimony of PW-1, PW-2 and PW-3 is further corroborated by the MLCs of the victims. As per the MLC and X-ray report no.3182 mentioned on the MLC of Ms. Sunita which is Ex.PW6/B, there is shaft of right ulna and doctor had also opined the injuries as greivous. As per the MLCs Ex.PW5/A and Ex.PW5/B other two injured persons namely Manoj and Ravinder also received simple injuries. Accused persons had entered the house of the complainant with danda in their hands and assaulted her, the overt act attributed to the accused persons by witnesses is specific, medical evidence fully supports the case of the prosecution. FIR No.800/2002 u/s 325/323/34 IPC 7 PS Punjabi Bagh
23. The court does not see any reason for the complainant and other injured persons to falsely implicate the accsued persons.
24. In view of the above discussion, the court is of the view that the prosecution has successfully proved its case. Accordingly, accused persons Dashrath Rai, Santosh, Mukesh and Ashok are convicted under Section 325/323/34 IPC.
25. List for arguments on sentence.
ANNOUNCED IN THE OPEN COURT ON 3rd May 2018 (MANU VEDWAN) MM-01 (West), THC, Delhi FIR No.800/2002 u/s 325/323/34 IPC 8 PS Punjabi Bagh