Delhi District Court
Vastabhai vs State Of Gujarat 2008 Cr Lj1467 (Guj.). on 17 December, 2019
IN THE COURT OF MS. MANU VEDWAN,
METROPOLITAN MAGISTRATE-01, WEST, THC NEW DELHI
State v. Vijay Kumar & Sunny Kumar
FIR No. 1084/06
PS Punjabi Bagh
U/s 325/34 IPC
JUDGMENT
Case No. : 70406/16
Date of Institution : 03-04-2007
Date of Commission of Offence : 15-12-2006
Name of the complainant : Murari Lal S/o Sh Rich Pal, R/o C-
109, Madi Pur Colony, Delhi
Name & address of the accused : (1) Vijay Kumar S/o Sh Dharmapal
R/o B-642, Madipur Colony, New
Delhi
(2) Sunny Kumar S/o Sh Rajender
R/o C-401, Madipur Colony, New
Delhi
Offence complained of : U/s 325/34 IPC
Plea of accused : Pleaded not guilty
Final Order : Convicted
Date of announcing of judgment : 17-12-2019
BRIEF STATEMENT OF THE REASONS FOR THE DECISION
1. Vide this judgment this court shall decide the present case under Section 325/34 Indian Penal Code.
2. The briefly stated story of the prosecution is that on 15-12-2006, accused Vijay alongwith accused Sunny Kumar had beaten the complainant Murari Lal. It is further alleged that during the course of beating accused persons had also caused grievious injuries on the person of complainant and thereby committed offence punishable under Section 325 read with section 34 of Indian Penal Code. First Information Report was lodged on basis of the statement of complainant Murari Lal. After completing the formalities, investigation was carried out.
3. Charge sheet was filed against the accused persons in the court. Copy of chargesheet and other documents were supplied to the accused persons and charge under Section 325/34 IPC was framed against them by the learned Predecessor vide order dated 19-04-2010 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.
5. PW-1 Murari Lal deposed that on 15-12-2006, at about 12.30 AM, he had received a phone call from one of the accused, namely, Sunny. Latter had asked PW-1 to meet him at Park No. 2 on the pretext of some work. Thus, PW-1 alongwith his cousin brother reached at that park. PW-1 further deposed that when he reached at the park on the insistance of accused Sunny, he found that accused was present there alongwith accused namely Vijay. It is further stated that all of a sudden accused Sunny caught hold of the complainant from his back side and the other accused Vijay hit his head on the head of the complainant. PW-1 further deposed that due to that hitting most of teeth of PW-1 got damaged and blood started oozing out from his mouth. PW-1 further deposed that due to the beating he fell down on the ground and his cousin brother raised hue and cry. Thereafter his ,cousin somehow managed to take him to the shop of his uncle which was situated at a little distance from the spot.
6. PW-1 further deposed that thereafter PW-1 alongwith his uncle Birju and other relatives went to the police post and reported the matter to the police. He further stated that from the police post he was taken to the Sanjay Gandhi Memorial Hospital from where he was referred to Balaji Action Hospital where the treatment of his teeth and mouth was done. PW-1 further deposed that on 20-12-2006, Investigating Officer had come to his house and recorded his statement Ex. PW-1/A bearing his signatures at point A. The witness was cross-examined by the Ld Counsel for the accused at length. During the course of cross- examination PW-1 has specifically denied the suggestion put to him by the Ld Counsel for the accused that the accused persons had asked him not to eve-tease the girls present in the park and because of that reason only the fight had started between the accused persons and complainant.
7. PW-2 Birju deposed that, on 15-12-2006, at about 12.30 PM, he alongwith his cousin brother Murari Lal had gone to Park number 2 on the asking of accused Sunny. PW-2 further deposed that when they reached at Park number 2, Murari Lal was caught hold of by the accused Sunny and the other accused Vijay hit his head on the head of the complainant. PW-2 further deposed that due to the hitting most of the teeth of the complainant got damaged and blood started oozing out from his mouth. PW-2 further deposed that only on raising hue and cry by the complainant he somehow managed to take him to the shop of his uncle from where they went to the police station and reported the matter to the police. The witness was cross-examined by the Ld Counsel for the accused at length. During the course of cross-examination PW-2 has specifically denied the suggestion put to him that Murari Lal was fighting with some other persons as he was stopped to eve-tease in park and instead accused persons had asked him not to fight.
8. PW-3 Head Constable Amit Kumar, deposed that on 20-12-0006, he had joined investigation and he alongwith the Investigating Officer had gone to C-109, Madipur where they met the complainant. PW-3 further deposed that there Investigating Officer recorded the statement of the complainant. He further deposed that the Investigating Officer prepared the rukka and handed over the same to him to get the First Information Report registered. PW-3 further deposed that accordingly he went to the Police Station and got the First Information Report registered and came back at the spot and handed over the rukka and original First Information Report to the Investigating Officer. He further deposed that thereafter he alongwith the Investigating Officer went to House No. B- 642 i.e. house of the accused and enquired about the matter. Accused was arrested and personally searched by the Investigating Officer vide memos Ex. PW-3/A and Ex PW-3/B both bearing his signature at point A. PW-3 also stated that the Investigating Officer also recorded his statement.
9. PW-4 Head Constable Harish Kumar, deposed that on 15-12-2006, on the request of Assistant Sub Inspector Kailash Chand, he had taken the complainant Murari Lal for medical examination to Sanjay Gandhi Memorial Hospital at about 1.30 PM. Thereafter, PW-4 collected his Medico Legal Case bearing number 19107. He further deposed that Investigating Officer had also recorded his statement.
10. PW-5 Dr Brajesh Singh Chief Medical Officer of Sanjay Gandhi Memorial Hospital deposed that on 15-12-2006, he had medically examined the injured Murari Lal and referred the injured to dental department for further treatment and management. PW-5 further deposed that after getting dental and radiologist opinion from concerned department by Doctor Archana Sinha and Dr RK Mishra, he opined that the nature of injury was grevious in nature. PW-5 further deposed that he then prepared the Medico Legal Certificate of the injured and which is Ex. PW-5/A bearing his signatures at point A and B. PW-5 further deposed that Dr Archana has left the services of the hospital and further that he is acquainted with the writing and signature of Dr Archana Sinha. He identified the signatures of Dr Archana Sinha at point C on Ex. PW-5/A.
11. PW-6 Sh Jitender Kumar Record Attendant, Sanjay Gandhi Memorial Hospital, deposed that he is acquainted with the handwriting and signatures of Dr RK Mishra. He deposed that X Ray report of the injured Murari Lal was prepared by Dr RK Mishra which is Ex. PW-6/A and identified his signatures at point A on the same. He further deposed that Dr RK Mishra has already left the services of the hospital.
12. PW-7 Retired Assistant Sub Inspector Kailash Chand, deposed that on 15-12-2006, one person namely Murari Lal had come to the Police Post Madipur in an injured condition and had made the complaint regarding physical assault on his person. He further deposed that injured Murari Lal was taken to Sanjay Gandhi Memorial Hospital where he was medically examined and his Medico Legal Case was got prepared. PW-7 further deposed that on 20-12-2006 the doctor opined the nature of injury of the complainant as grievous in nature. Accordingly, PW-7 went to the house of the complainant on 20-12-2006 and recorded his statement which is already Ex. PW-1/A bearing his signature at point B. PW-7 thereafter prepared a rukka which is Ex. PW-7/A and handed over the same to Constable Amit who accompanied him to the house of the complainant. Constable Amit went to the Police Station, got the First Information Report registered and came back at the spot alongwith the copy of the First Information Report and original rukka and handed over the same to him.
13. PW-7 thereafter prepared the site plan at the instance of the complainant which is Ex. PW-7/B bearing his signature at point A. He further recorded the statements of the complainant, his brother Mr Birju and Constable Amit u/s 161 Cr PC. PW-7 further deposed that on the same day he had raided the house of the accused Vijay Kumar who was found present at his house and he was accordingly arrested and personally searched by him vide memos Ex. PW-3/A and Ex. PW-3/B respectively both bearing his signature at point X. PW-7 further deposed that on 22-12-2006, the other accused Sunny was also arrested from his house and personaly searced vide memos Ex. PW- 7/C and Ex. PW-7/D respectively both bearing his signature at point A. He thereafter concluded the investigation and handed over the the case file to Station House Officer Police Station Punjabi Bagh. The witness also correctly identified the accused persons in the court. The witness was cross-examined by the Ld Counsel for the accused at length.
14. PW-8 Woman Sub Inspector Mandodari deposed that on 20-12-2006 she had registered the First Information Report number 1084/06 on the basis of rukka sent by Assistant Sub Inspector Kailash Chand and brought by Constable Amit which is Ex. PW-8/A bearing her signatures at point A and also made endorsement on rukka which is already Ex. PW-7/A bearing her signatures at point B.
15. PW-9, Doctor Shishir Aggarwal, deposed that copy of report Mark X was made under his direction and the said report pertains to the discharge summary of patient namely Murari Lal.
16. PW-10, Doctor Divpreet Sahani, identified the signatures of Doctor Archana Sinha at point A on Ex. PW-5/A which is the Medico Legal Case bearing number 19107 of patient Murari Lal. The witness was cross-examined by the Ld Counsel for the accused at length.
17. Thereafter, the prosecution evidence was closed and statement of accused persons were recorded U/s 313 CrPC wherein they denied all the allegations and pleaded innocence. They chose not to lead any defence evidence.
18. I have heard the submissions addressed by the Learned APP for state and the Learned Counsel for accused persons and carefully perused the record. Learned Counsel for accused has submitted that the accused persons have been falsely implicated in the present case. He has submitted that the prosecution has not been able to prove its case beyond reasonable doubt. Ld. Counsel has further submitted that accused persons have been falsely implicated at the instance of complainant. Ld Counsel for the accused has also pointed out the discrepency in the testimonies of the public witnesses. While, Ld APP for the State submits that the prosecution has proved its case beyond reasonable doubts qua the deposition of complainant as well as one other independent witness and accused persons be accordingly convicted.
19. In the present case, accused persons have been charged under Section 325/34 IPC for voluntarily causing grievous hurt to the complainant Murari Lal. The section 325 IPC 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. Section 320 Indian Penal Code is relevant to be quoted and is read as
320. Grievous hurt- The following kinds of hurt only are designated as "grievous":-
First - Emasculation.
Secondly - Permanent privation of the sight of either
eye.
Thirdly - Permanent privation of the hearing of either
ear,
Fourthly - Privation f any member or joint
Fifthly - Destruction of permanent impairing of the
powers of any member or joint
Sixthly - Permanent disfiguration of the head or face
Seventhly - Fracture or dislocation of a bone or tooth.
Eighthly - Any hurt which endangers life or which
causes the sufferrer to be during the space
of twenty days in severe bodily pain, or
unable to follow this ordinary pursuits".
20. This section gives the description of grievous hurt. Grievous hurt is hurt of a more serious kind. To make out the offence of voluntarily causing grievous hurt, there must be some specific hurt, voluntarily inflicted, and coming within any of the eight kinds enumerated in this Section. A person cannot be said to have caused grievous hurt unless the hurt caused is one of the kinds of hurt specified under Section 320 Indian Penal Code. Therefore, it is the duty of the Court to give a finding on its own whether the hurt was simple or grievous.
21. Also, to cause "grievous hurt" it is not necessary that any weapon of offence must be used. Even without any weapon, an injury of the nature mentioned in s. 320 IPC could be caused. The offence u/s 325 IPC is voluntarily causing grievous hurt. It does not speak of use of any weapon of offence.
22. With respect to Section 325 IPC it is read as "Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine".
23. This section makes simple hurt more grave, and liable to more severe punishment where it has the differentia of one of the modes of infliction described in the section.
24. Now, with respect to the case in hand, it has been initiated on the complaint of injured person namely, Murari Lal. Complainant Murari Lal and his cousin Mr Birju have appeared in the witness box as PW-1 & PW-2 respectively and have supported the case of prosecution. They have reiterated all the facts during the recording of their examination-in- chief in consonance with their complaint and statements already recorded. Even during their cross-examination they stood affirm and again emphasized the facts mentioned by them in their complaint as well as examination-in-chief. They have corroborated each others testimony on all the material aspects. The testimonies of the aforementioned witnesses are also well corroborated by the medical evidence. PW-1 & PW-2 have given the detailed and lucid account of the entire incident. The testimony of PW-1 & PW-2 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. The court does not see any reason to disbelieve the testimony of PW-1 and PW-2. Medico Legal Case has also pointed towards the grievous injury sustained by the patient in his jaw. Reliance is placed upon Bhikhubhai Vastabhai Vs State of Gujarat 2008 Cr LJ1467 (Guj.).
25. Thus, in totality of the above discussed evidence, it is clear that the accused Vijay Kumar & Sunny Kumar have inflicted grievious hurt on the person of injured namely Murari Lal. Accordingly, accused persons Vijay Kumar and Sunil Kumar are convicted under Section 325 read with section 34 of Indian Penal Code.
26. List for arguments on sentence.
ANNOUNCED IN THE OPEN COURT ON 17th December, 2019.
(MANU VEDWAN) MM-01(West)/ Tis Hazari Court /17-12-2019 State v. Vijay Kumar & Sunny Kumar FIR No. 1084/06 PS Punjabi Bagh U/s 325/34 IPC 17-12-2019 Present: Ld APP for the State.
Both the accused in person with Ld Counsel.
Vide my separate detailed judgment, dictated and operative part announced in the open court the accused persons Vijay Kumar and Sunil Kumar are convicted under Section 325 read with section 34 of Indian Penal Code.
Be put up for hearing the convicts on the point of sentence on 15-01-2020.
On request of the Ld Counsel for the accused, let the report be also called from the Probationary officer for the date fixed and notice be also sent to the injured/complainant.
(MANU VEDWAN) MM-01(West)/ Tis Hazari Court /17-12-2019