Delhi District Court
State vs . Janesh Etc. on 1 November, 2010
1
IN THE COURT OF SH. VIDYA PRAKASH: A.C.M.M-1, ROHINI
COURTS : DELHI.
FIR No. 292/99
PS Keshav Puram
State vs. Janesh etc.
U/s 341/323/147/149/34 IPC
JUDGMENT:-
a) Sl. No. of the case : 118/2
b) Date of commission of offence : 24.09.99
c) Name of complainant : Sunil Kumar
s/o Sh. Baljeet Singh
r/o E-154, Shakurpur,
Delhi.
d) Name of accused person 1. Janesh s/o Sh. Ram Singh R/o WP-564,Wazirpur Village, Delhi.
2. Yogesh @ Joginder Singh s/o Sh. Gajraj Singh r/o 110/24, Kewal Park, Adarsh Nagar, Delhi.
3. Sanjay Sharma s/o Ram FIR No. 292/99 Page No.1/9 2 Avtar Sharma, r/o 205, Police Colony, Ashok Vihar, Delhi.
4. Babu Lal s/o Sh. Bulaki Ram, r/o WP-149, Wazirpur, Delhi,
5. Gursharan Singh @ Bobby, s/o Sh. Tirath Singh r/o A-1/79B, Keshav Puram, Delhi.
6. Manish s/o Sh. Mahender Pal Gupta r/o 3117/226, Chander Nagar, Tri Nagar, Delhi.
7. Shailesh s/o Sh. Jagdish Rana, r/o C-1, Police Colony, PS Keshav Puram, Delhi.
8. Krishan Kumar s/o Sh.
Jagdish Rana, r/o 114- A/UU Block, Pitam Pura, Delhi.
9. Rajesh Kumar @ Ravi s/o Sh. Satish Kumar FIR No. 292/99 Page No.2/9 3 r/o H.No. F-17/112, Sector 8, Rohini, Delhi.
10. Sh. Jagdish Rana s/o Sh.
Rajpal Rana, r/o C-1, Police Colony, PS Keshav Puram, Delhi.
e) Offence complained of : U/s /147148/149/353/34 IPC
f) Plea of the accused : Pleaded not guilty.
g) Date of order : 01.11.2010
h) Final order : Accused acquitted.
Date of Institution: 15.10.99 Judgment reserved on: 01.11.2010 Date of Decision: 01.11.2010.
THE BRIEF REASONS FOR THE JUDGMENT:-
The accused persons are facing trial in respect of offences u/s 147/148/149/353/34 IPC on the allegations that on 24.09.99 at about 11.15 pm, all of them formed unlawful assembly on road near Central School outside PS Keshav FIR No. 292/99 Page No.3/9 4 Puram and being member of such unlawful assembly, they committed rioting by use of force and violence in prosecution of their common object of the assembly and they also caused simple hurt to complainant Sunil Kumar.
In brief, the prosecution story is that on 24.09.99 SI Dharam Pal alongwith Ct. Kuldeep, HC Mahavir Singh, Ct. Balbir Singh and Ct. Robin reached the spot on receipt of DD No. 25A where the complainant Sunil Kumar met them and gave statement to the effect that on said date at about 10.00 pm when he alongwith his companion Rakesh were going to their house from Tis Hazari Courts and were passing in front of Central School, Keshav Puram at about 11.15 pm, one motor cycle bearing no. DL1S1515 stopped in front of the aforesaid car after taking over turn on which he also stopped the car. The person sitting on the said motor cycle came to him and claimed that he shall teach him a lesson for over taking him. He also called his companion Shailesh. In the meantime, one Honda City Car No. DL8C9678 of red colour also reached there in which 4/5 boys were sitting. They were addressing the said boys as Shailesh, Bobby who was Sikh and Manish. Thereafter, police officials also reached at the spot on which all of them ran away. When the complainant alongwith police officials was going to PS Keshav Puram, ACP Jagdish Rana (accused no. 10) also reached there alongwith other accused persons namely Shailesh, Jenesh Kumar, Sanjay Sharma and Babu Ram. At the instigation of accused Jagdish Rana, the said boys FIR No. 292/99 Page No.4/9 5 started beating the complainant and his companion Rakesh. The police officials over powered them but accused Shailesh and Jagdish Rana managed to flee away.
On the basis of said statement, FIR No. 292/99 was got registered, both the injured persons were got medically examined, the statements u/s 161 Cr.P.C were recorded. After completion of investigation, the challan was prepared and filed before the Court.
After complying with the provision contained in Section 207 Cr.P.C, the charge against all the accused persons in respect of offences u/s 147/148/149/353/34 IPC was framed on 23.09.03 to which they pleaded not guilty and claimed trial.
In order to prove its case, the prosecution has examined as many as nine witnesses namely PW1 Sh. Sunil Kumar, PW2 ASI Raj Kapoor, PW3 ASI Umed Singh, PW4 SI Sultan Singh Meena (retired), PW5 Sh. D.K.Sharma record clerk from HRH, PW6 Sh. Dev Narain, PW7 Sh. Vijay Kumar, PW8 HC Hari Nandan (retired) and PW9 HC Kuldeep Sharma.
Out of the witnesses cited by the prosecution, PW1, PW6 and PW7 are the star witnesses. PW1 Sh. Sunil Kumar is the main complainant at whose instance the FIR was registered. He is also alleged to be the injured.
However, the aforesaid three witnesses did not support the prosecution story despite the fact that they were also cross examined by Ld. APP for the State. FIR No. 292/99 Page No.5/9 6
In view of the fact that the main prosecution witnesses examined before the Court, did not support its case, no useful purpose would have been served in continuing with the trial by recording the statements of other prosecution witnesses who are police officials as it would have been an exercise in futility besides wastage of the precious time of the Court. Thus, the prosecution evidence has been closed by the Court today.
Since, there is no incriminating evidence against either of the accused persons, their statements u/s 313 Cr.P.C have been dispensed with.
I have heard Ld. APP for the State and counsel Sh. Ajay Khatana advocate on behalf of accused persons. I have also carefully perused the material available on record.
PW1 Sh. Sunil Kumar deposed during chief examination that in the year 1999 (date and month he did not remember) when he was returning to his house from Tis Hazari Courts alongwith his neighbour Rakesh, one motor cyclist blocked their way near police quarters of PS Keshav Puram by putting his motor cycle in front of their car and started abusing them. He went to PS Keshav Puram and told the entire incident to the police officials. In between, a procession passed in front of PS. When he came out from police station, 34 persons started beating him on which he again rushed in side the police station. He sustained injuries on his left eye brow. The said boy had also FIR No. 292/99 Page No.6/9 7 called his brother Shailesh. One car of red colour whose number he did not remember, also came in which 45 boys were sitting. PW1 deposed that he can not tell their names and he also can not identify those boys but they started beating him. In the meantime, police officials of PS Keshav Puram also reached the spot and he was taken to police station. He was taken to Hindu Rao Hospital where he was given first aid. He further deposed that he did not remember as to what happened thereafter. He also did not know as to what happened with the other accused. He did not identify accused Shailesh Rana or any other accused persons to be the person who had allegedly caused beating to him.
The said witness was declared hostile and was permitted to be cross examined on behalf of State through Ld. APP for the State. During such cross examination, he admitted his signatures appearing at point A on statement Ex.PW1/A but further stated that he did not remember as to whether motor cyclist had claimed to teach him a lesson for overtaking. Rather, he deposed that he did not give any statement to the police but he had put his signatures on the statement Ex.PW1/A without actually reading the contents thereof. He also deposed that he did not give the registration number of the Honda City car as DL8C9678. The said witness again entered into witness box on 10.07.09 and deposed during cross examination on behalf of Ld. APP that he can not identify any of the accused persons as it was night hours when the incident took place. FIR No. 292/99 Page No.7/9 8 Despite pointing out towards the accused persons by Ld. APP in the Court, PW1 failed to recognize the accused persons.
PW6 Sh. Dev Narain simply deposed during chief examination that he is ice cream vendor and sells the ice cream at B2 Block, near PS Keshav Puram but he has no knowledge about the facts of the present case. He had no knowledge as to why he was summoned in the Court as he did not remember whether any incident took place on 24.09.99 at about 11.40 pm or not.
Likewise, PW7 Sh. Vijay Kumar also deposed that he is running tea stall in shop no. 33/B2 Market of PS Keshav Puram and he did not remember as to what happened on 24.09.99 at about 11.40 pm. Both the said witnesses were cross examined by Ld. APP for the State but they denied the various suggestions put to them on the lines of the prosecution story put forward before the Court through challan. They denied to have made any statement mark A and mark B respectively to the police officials. Both the said witnesses also refused to identify the accused persons in the Court. They denied the suggestion that they were not disclosing the true facts as they had been won over by the accused persons.
It was the complainant namely Sh. Sunil Kumar (examined as PW1) who had allegedly made the statement to the police that he can identify the persons who had FIR No. 292/99 Page No.8/9 9 allegedly caused beatings to him. The said star witness of the prosecution did not support the prosecution story on material points during his statement recorded before the Court. He also failed to identify any of the accused persons. Likewise, the other public witnesses namely Sh. Dev Narain (PW6) and Sh. Vijay Kumar (PW7) have also not supported the case of prosecution on material points.
The only other star witness of the prosecution namely Rakesh Kumar did not enter into witness box as he was reported to be not residing at the given address despite the fact that summons were issued to the said witness various times for different dates i.e 16.12.09, 23.03.10 and 02.08.10.
In this background, the prosecution can not be said to have proved its case beyond shadow of doubt against any of the accused persons and the statements of police officials even if recorded, would not have been sufficient to establish the guilt of the accused persons as the complainant/injured namely Sh. Sunil Kumar himself has not uttered against them and has also not identified any of them during trial.
In the light of aforesaid discussion, this Court is of the view that the prosecution has not been able to bring home the guilt of any of the accused persons facing trial in this matter. Consequently, the accused persons are acquitted of the charges levelled against them. Their bail bonds are cancelled. File be consigned to record room.
Announced in the open court (VIDYA PRAKASH)
today on 01.11.2010 (ACMM1/NW/RC/DELHI)
FIR No. 292/99 Page No.9/9