Delhi District Court
State vs Akash@Lala on 28 March, 2025
DLSE010075382022
IN THE COURT OF SH. LOVLEEN,
ADDITIONAL SESSION JUDGE-03 (SOUTH EAST),
SAKET COURTS, NEW DELHI
IN THE MATTER OF :
SESSIONS CASE No. 508/2022
FIR No. 195/2022
PS Badarpur
STATE
Versus
1. VISHNU
S/o Mohan Lal
R/o H. No. 431,
Gali No.22, F Block,
Molarband Extn.,
Badarpur,
Delhi
2. AKASH @ LALA
S/o Vinay
R/o H. No. 384,
Gali No. 20,
3rd 60 Feet Road,
F-Block,
Molarband Extn.,
Badarpur,
Delhi
Digitally
signed by
LOVLEEN
LOVLEEN Date:
2025.03.28 FIR No: 195/2022 State vs. Akash @ Lala 1/26
15:12:05
+0530
3. JIVANSHU @ JEBDA
S/o Late Munish Ram
R/o H. No. 397,
F Block, Gali No. 20,
Molarband Extn., Badarpur,
New Delhi.
4. KUSHAL
S/o Nathi Singh
R/o H.No. F-397,
Gali No.20, F Block,
Molarband Extn. Badarpur,
New Delhi.
Date of Institution : 08.08.2022
Date of Reserving Order : 05.03.2025
Date of Pronouncement : 28.03.2025
Decision : Convicted
JUDGMENT
Brief Facts & Investigation
1. On 18.04.2022 at 00:17:55 hrs., Ct. Dinesh made a PCR call from F Block, Nehar ke Pass, Badarpur to the effect that Beat Ct. Ram Babu had received a call regarding a quarrel at the said spot and that the crowd had attacked Beat Ct. Rambabu, who has sustained injuries on his person. The above information was reduced into writing in the form of GD No.5A dated 18.04.2022 and a copy of the same was handed over to SI Vivek Kumar for necessary action. SI Vivek Kumar, Ct. Kailash, Ct. Rajender and others reached at the spot and met Ct. Dinesh as well as other police officials. He learnt that Beat Ct. Rambabu had been shifted to AIIMS Trauma Center by a PCR van. SI Vivek Gautam made LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 2/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:12:10 +0530 inquiries and learnt that some public persons were consuming alcohol in a park, which act of said persons was opposed by Beat Ct. Ram Babu, who then attacked him with wooden stick and bricks. A wooden stick and a few brick pieces were seized by police from the spot. Thereafter, SI Vivek Gautam and Beat Ct. Rajender left the spot for AIIMS Trauma Center and discovered that Ct. Rambabu was admitted for treatment vide MLC No. 500310111/18APR2022 dated 18.04.2022. After sometime, Beat Ct. Rambabu made the following statement:-
" ब्यान किया है कि मैं थाना बदरपुर में बतौर सिपाही तैनात हूँ। दिनांक 17-18/04/2022 को मेरी Duty रात 8 PM से सबह 8 AM तक सरकारी मोटरसाइकिल न० DL 1SAA9372 पर Area Patrolling में थी। दिनांक 17/04/2022 को रात के समय करीब 11 बजे Patrolling के दौरान मे इलाके में मौजूद था उसी समय मेरे फोन पर सुशील नाम के शख्स का फोन आया जिसने मुझे सूचना दी कि गली न० 22, F-Block के सामने नहर रोड के पास पार्क में कुछ शख्स झगडा कर रहे हैं और गाली गलौंच कर रहे हैं। सूचना मिलने पर मैं पार्क में पहुँचा तो मैंने देखा कि गली न० 22 के बाहर पार्क की side कुछ लोगो की भीड जमा थी और गाली गलौच और शोर शराबा हो रहा था। मैं अपनी Motorcycle No. DL ISAA9372 पार्क में ही खडी करके मौके पर पहुँचा और वहां मौजूद भीम, कौशल व अन्य लोगो से शांति व्यवस्था बनाये रखने और झगडा न करने के लिये कहा जिस पर सभी सख्स मुझे ही गाली देने लगे और कहने लगे कि " आज तुझे ही Duty करना सिखा देते हैं"। उसके बाद मेरे मना करने पर भीम कौशल व उनके अन्य 2-3 साथियो ने मेरे ऊपर डण्डो व ई ंट पत्थर से हमला कर दिया और मेरे सिर में डण्डे मारे जिससे मेरे सिर से खून निकलने लगा उसी बीच उन शख्सो में से किसी ने मेरी सरकारी मोटरसाइकिल No- DL 1SAA9372 पार्क से खींचकर नहर में डाल दी। उसके बाद मेरे ऊपर हमला करने वाले भीम, कौशल व उनके साथी मौके LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 3/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:12:14 +0530 से भाग गये जिसके बाद मैंने Const Dinesh No- 1896/SE को फोन करके घटना की सूचना दी और मौके पर Staff भेजने के लिये कहा। कुछ समय बाद थाने का Staff, SHO साहब सहित मौके पर पहुँचे थे और Kite - 30, PCR से इलाज के लिये मुझे AIIMS Trauma Center भिजवाया। भीम व कौशल F-Block मे ही रहते हैं जिन दोनो को व उनके अन्य साथी जिन्होंने मुझे लाठी डण्डे व ईटं पत्थर मारकर चोट पहुँचायी है, को मैं सामने आने पर पहचान सकता हूँ। मुझे चोट पहुँचाने वाले , मेरी सरकारी Duty में बाधा डालने वाले और मेरी सरकारी मोटरसाइकिल को नुकसान पहुँचाने वाले लोगो के खिलाफ कानूनी कार्यवाही की जाये। आपने AIIMS Trauma Center पहुँचकर मुझसे पूछताछ की और मेरा बयान दर्ज किया जो मैंने सुन व समझ लिया ठीक है"।"
2. On the basis of said statement, FIR No. 195/2022 PS Badarpur was registered u/s 186/353/332/34 IPC. As per case diaries, on 18.04.2022 itself Beat Ct. Rambabu made a supplementary statement, which is as under:-
"बयान किया है की मैं पूर्व मे दिये गए अपने बयान की पुष्टी करता हूँ और आगे बयान करता हूँ की आज आपने मेरे बयान पर उपरोक्त मुकदमा दर्ज करवाया | दिनांक 17-18/04/2022 की रात को जब मैं F-Block, Gali No-20-12 के सामने पार्क मे Sushil के द्वारा सूचना दिये जाने पर गया था तो 1) Akash @ Lala S/o Vinay R/o H.No-384, Gali No-20, 3rd 60 Feet Road, F-Block, Molarband Extension, Badarpur (2) Vishnu So Mohan Lal R/o H.No-431, Gali No-22, F-Block, Molarband Extension, Badarpur, New Delhi and (3) Jivanshu @ Jebda S/o Late Shri Munshi Ram R/o H.No-397, F-Block, Gali No-20, Molarband Extension, Badarpur, New Delhi Digitally signed by LOVLEEN LOVLEEN Date:
2025.03.28 FIR No: 195/2022 State vs. Akash @ Lala 4/26 15:12:17 +0530
4) Kushal S/o R/o नाम के शख़्सो ने मेरे साथ मारपीट और झगड़ा किया था | उपरोक्त सभी लोगो ने एक नीयत होकर मेरे ऊपर लाठी डंडो और ई ंट पत्थर से हमला किया और मेरे सिर पर डंडा मारा था | सुबह मैंने आपको बताया था की भीम ने मुझे मारा है लेकिन जिसे मैं भीम बता रहा था उसका नाम Akash @ Lala है और वह भीम का भाई है जिसे मैं भीम नाम से ही जानता हूँ आज इलाज़ कराने के बाद थाना बदरपुर मे आपके Office मे आकर मैंने आपको उपरोक्त जानकारी दी | आपनि मुझसे पूछताछ करके मेरे बयान लिखे जो मैंने सुन व समझ लिए ठीक है |"
3. On the basis of said supplementary statement, Police was able to apprehend and arrest accused Vishnu and Akash @ Lala. At their instance, the government motorcycle bearing registration No. DL-1SY- 9372, which was used by Beat Ct. Rambabu to arrive at the spot at the relevant time, was recovered from Agra canal. The same was seized by police and Section 3 Prevention of Damage to Public Property (PDPP) Act was also invoked in the present case. Thereafter, on 30.04.2022, at around 11:20 p.m. Beat Ct. Rambabu informed SI Vivek Gautam that one of the persons wanted in the present case had been sighted in the area situated in F Block, Molarband Extension. SI Vivek Gautam, upon reaching the said spot, met Beat Ct. Rambabu, who then pointed towards a person while stating that he is the same person who attacked him on 18.04.2022. The said person was apprehended and whose identity was revealed as Jivanshu @ Jebda. He was formally arrested in the present case. Till that time, accused Kushal remained at large and accordingly, a chargesheet u/s 186/353/332/308/34 IPC and Section 3 of PDPP Act was filed only against accused Akash @ Lala, Vishnu and Jivanshu @ Jebda LOVLEEN Digitally signed FIR No: 195/2022 State vs. Akash @ Lala 5/26 by LOVLEEN Date: 2025.03.28 15:12:21 +0530 on 16.06.2022. The said chargesheet was also accompanied by a complaint u/s 195 Cr.P.C. against the said persons.
4. Subsequently, on 20.06.2022, accused Kushal was arrested. A supplementary chargesheet was prepared against him u/s 186/353/332/308/34 IPC and Section 3 of PDPP Act and was filed in the court of concerned Metropolitan Magistrate on 27.07.2022. A complaint u/s 195 Cr.P.C. was also filed against the said accused.
5. The case was then committed to the Court of Sessions by the Ld. Metropolitan Magistrate concerned as Section 308 IPC is triable by the Court of Sessions.
Charge
6. Ld. Predecessor of this Court found a prima facie case against the accused persons. Accordingly, on 17.04.2022, charge for the offence punishable u/s 186/353/332/308/34 IPC and Section 3 of Prevention of Damage to Public Property Act/34 IPC was framed against the accused persons namely Vishnu, Akash @ Lala, Jivanshu @ Jebda and Kushal. All the accused persons pleaded not guilty and claimed trial.
Prosecution Evidence
7. In support of its case, prosecution examined 09 witnesses in total.
Sl. Name of witness Purpose
no.
a). PW1 Ct. Dinesh Police witness
b). PW2 Ct. Ram Babu Informant / victim
Digitally
signed by
LOVLEEN
LOVLEEN Date:
2025.03.28
15:12:25
+0530 FIR No: 195/2022 State vs. Akash @ Lala 6/26
c). PW3 Sushil Kumar Public Witness
d). PW4 HC Kailash Police Witness
e). PW5 ASI Mohan Singh Police Witness
f). PW6 Dr. Drishti Batra Expert Witness
g). PW7 HC Rajendra Singh Police Witness
h). PW8 SI Vivek Gautam Police Witness
i). PW9 Ajay Kumar, Police Witness
Dy. S.P. Lakshdeep Police
8. Thereafter, prosecution evidence was closed on 26.11.2024.
Statement Of Accused U/S 313 Cr.P.C & Defence Evidence
9. On 10.12.2024, accused Akash @ Lala and Jivanshu @ Jebda and on 21.12.2024, accused Vishnu and Kushal were examined under section 313 Cr.P.C wherein incriminating materials appearing in evidence against accused were put to them. Accused persons claimed that it is a false case and that they are innocent and have been falsely implicated in this case. They claimed that nothing was recovered from their possession and the recovery was falsely planted upon them. They lead no evidence in defence.
Arguments
10. Ld. Addl. PP for State has argued that the prosecution has established its case against the accused persons beyond any reasonable Digitally FIR No: 195/2022 signed by State vs. Akash @ Lala 7/26 LOVLEEN LOVLEEN Date:
2025.03.28 15:12:30 +0530 doubt and prays for convicting them. Per contra, it has been argued on behalf of accused persons that the prosecution case is liable to be discarded for multiple reasons namely:-
Arguments on behalf of Vishnu and Akash @ Lala
(i). that none of the said accused persons are named in the FIR;
(ii). that prosecution has not examined any public witness to prove the allegations levelled against them by the Beat Ct. Ram Babu;
(iii). that the police has falsely implicated the said accused persons after picking them from their home;
(iv). that in the absence of any corroborative materials, the oral testimony of Beat Ct. Rambabu may not be believed;
(v). that the injuries sustained by Beat Ct. Rambabu are simple in nature, which fact takes the case out of the purview of Section 308 IPC.
Arguments on behalf of Kushal
(i). that prosecution has failed to explain as to why Beat Ct.
Rambabu failed to disclose the names of the accused persons (despite being aware of their identities) at the time of his admission in AIIMS Trauma Center - his MLC being silent in this regard;
(ii). that police has failed to explain as to why it did not examine the 02 women during investigation, who were available at the spot of the incident at the relevant time;
(iii). that Beat Ct. Rambabu has not specifically stated that accused LOVLEEN Digitally signed by FIR No: 195/2022 State vs. Akash @ Lala 8/26 LOVLEEN Date: 2025.03.28 15:12:36 +0530 Kushal gave him a stick blow at any time during the course of investigation. He has made an improvisation in this regard when he was examined as a witness during the course of trial;
(iv). that there is a contradiction in the oral testimony of Beat Ct. Rambabu and IO SI Vivek Gautam as to the identity of the police officials available at the spot when SI Vivek Gautam arrived there for the first time;
(v). that police has failed to examine any independent witness in support of its allegations;
(vi). that police has not bothered to obtain the call detail records of the accused so as to pin point his availability at the spot at the relevant time;
(vii). that case properties were not forwarded to FSL, which reflects adversely upon the prosecution;
(viii). That there is a delay of 07 hours in the registration of FIR, which is sufficient for police to rope in innocent persons. In such circumstances, chances of confabulation could not be ruled out;
(ix). that the nature of injuries sustained by Beat Ct. Rambabu takes the case out of the purview of Section 308 IPC.
Arguments on behalf of Jivanshu @ Jebda
(i). that there are grave inconsistencies between the oral testimony of Ct. Dinesh and the oral testimonies of Ct. Kailash & Ct. Rajender as to the time of arrival of the latter at the spot;
(ii). that prosecution has not placed any material on record to prove that the motorcycle allegedly recovered from the 'agra canal' LOVLEEN Digitally signed FIR No: 195/2022 State vs. Akash @ Lala 9/26 by LOVLEEN Date: 2025.03.28 15:12:42 +0530 was actually a government property;
(iii). that prosecution has failed to explain as to whether Beat Ct. Rambabu received the initial call from one Sushil in his personal capacity or offial capacity, which creates a doubt in the case put up by the prosecution;
(iv). that said Sushil has turned hostile to the prosecution during the course of trial;
(v). that the MLC of Beat Ct. Rambabu contains a narration to the effect that he was assaulted by 02 persons at the relevant time. There is no explanation as to why Beat Ct. Rambabu did not narrate that he was attacked by 04 persons at the relevant time nor has he explained as to why he did not name them. In fact, the MLC does not corroborate the claim of Beat Ct. Rambabu to the effect that he sustained multiple blows;
(vi). that the oral testimony of Beat Ct. Rambabu is silent as to the exact role of all the accused persons.
Discussion
11. I have heard the submissions made by Ld. Addl. PP and Ld. Defence Counsel and perused the case file as well.
Case of Prosecution
12. As per prosecution's case, Beat Ct. Rambabu was on patrolling duty between 20:00 hrs of 17.04.2022 to 08:00 hrs of 18.04.2022. At around 23:00 hrs. on 17.04.2022, he received a telephonic call from one Sushil who narrated that some persons are fighting with each other and are also abusing each other at a spot situated near a park, opposite Gali No. 22, F Block, Nehar Road. Beat Ct. Rambabu arrived at the spot and LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 10/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:12:46 +0530 noticed a crowd collected outside Gali No. 22 - near the park. He parked his government motorcycle bearing registration No. DL-01-SAA-9372 near the park and asked one Bhim, Kushal and some others to maintain peace and not to fight with each other but all the said persons started abusing Beat Ct. Rambabu and then attacked him with sticks and stones / bricks. The said persons gave stick blows in the head of Beat Ct. Rambabu, which led to profuse bleeding. One of the said persons then pulled away the parked government motorcycle bearing registration No. DL-01-SAA-9372 and dropped it in the canal. Thereafter, said Bhim, Kushal and their accomplices fled the spot. Beat Ct. Rambabu made a telephonic call to Ct. Dinesh and informed him about the above incident. After a while, SHO concerned as well as other police staff arrived at the spot. Beat Ct. Rambabu was immediately removed to AIIMS Trauma Center for medical treatment through a PCR. Later on, Beat Ct. Rambabu made a formal statement / complaint, narrating the above facts and also informed the investigating officer that said Bhim and Kushal stay in F Block and that he could also identify their accomplices who gave him beatings with sticks and stones / bricks. Subsequently, during the course of investigation, Beat Ct. Rambabu further informed the Investigating officer that he was given beatings by Akash @ Lala, Vishnu, Jivanshu @ Jebda and Kushal. He clarified that Akash @ Lala is the person whom he identifies as Bheem.
Occurrence of Incident and Identity of Offenders
13. In order to prove the above allegations against the accused persons, prosecution examined Beat Ct. Rambabu as PW-2 and one Sushil Kumar as PW-3.
LOVLEEN Digitally signed by LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 11/26 Date: 2025.03.28 15:12:52 +0530
14. During the course of trial, PW-3 Sushil Kumar deposed that on 17.04.2022, residents of gali no. 22 had locked the gate of the gali. At that time, accused Vishnu had objected to the locking of the gate. At the instance of other residents of the gali, he had made a telephonic call to PW-2 Beat Ct. Rambabu, who reached at the spot after half an hour. Later on, he came to know that some boys had beaten PW-2 Beat Ct. Ram Babu. The above said oral testimony of PW-3 Sushil Kumar has gone unchallenged and unrebutted as none of the accused persons cross- examined him qua his above assertions. Here, this Court must observe that PW-3 Sushil Kumar did not depose that he witnessed the attack upon PW-2 Beat Ct. Rambabu.
15. PW-2 Ct. Rambabu deposed in line with the above prosecution case set up against the accused persons. He narrated the facts (i) as to him being on duty between 20:00 hrs of 17.04.2022 to 08:00 hrs on 18.04.2022; (ii) as to receipt of a telephonic call from Sushil Kumar about a commotion caused at the spot by some persons at the relevant time; (iii) as to his arrival at the spot on a government motorcycle at the relevant time; (iv) as to directions he gave to Bheem, Kushal and others;
(v) as to an unprovoked attack made by said persons upon him at the relevant time; (vi) as to a stick blow given by accused Kushal at the relevant time and; (vii) as to other injuries sustained by him at the hands of Bheem and his associates; (viii) as to dropping of his government motorcycle into canal by the accused persons and; (ix) as to the fleeing of accused persons from spot. He further narrated that he informed Ct. Dinesh about the said incident through a telephonic call, who then Digitally signed by LOVLEEN LOVLEEN Date:
2025.03.28 15:12:56 FIR No: 195/2022 State vs. Akash @ Lala 12/26 +0530 arrived at the spot with other police officials. He further narrated the arrival of a PCR van and also the SHO concerned on the spot. He further narrated about his removal to AIIMS Trauma Center in a PCR van. He further narrated that he was attacked by accused Akash @ Lala, Vishnu, Jivanshu and Kushal. He further narrated / clarified that he was acquainted with Bheem and Kushal as they were residents of F-Block. He further clarified that the actual name of Bheem was Akash @ Lala but mistakenly he had initially named accused Akash @ Lala as Bheem as said Akash @ Lala was the brother of one Bheem only. He further narrated that on 30.04.2022, he was on patrolling duty when he noticed accused Jivanshu @ Jebda near F-Block, Molarband Extn. Park and informed investigating officer ASI Vivek Gautam about the said fact. He further narrated about the arrival of SI Vivek Gautam at the said spot and about the arrest of said accused in this case. He correctly identified all the accused persons during trial. He correctly identified the seized stick / danda, which was used to attack him at the relevant time, as Ex.P-1. He correctly identified three pieces of bricks used to attack him at the relevant time, as Ex.P-2 colly. He correctly identified his blood stained police uniform and vest as Ex.P-3 colly.
16. PW-2 Beat Ct. Rambabu was duly subjected to cross-examination on behalf of all the accused persons, but the same does not reflect any serious contest to his above claims. The cross-examination appears direction-less and does not seem to yield anything material or favorable to the accused persons. PW-2 Beat Ct. Rambabu has promptly declined all the suggestions contrary to the prosecution's case, given on behalf of accused persons. In totality, PW-2 Beat Ct. Rambabu has withstood the LOVLEEN Digitally signed FIR No: 195/2022 State vs. Akash @ Lala 13/26 by LOVLEEN Date: 2025.03.28 15:13:01 +0530 test of cross-examination.
17. Under ideal circumstances, this Court would have proceeded to act upon the oral testimony of PW-2 Beat Ct. Rambabu. However, in this case, it has been noted by this Court that PW-2 Beat Ct. Rambabu did not name accused Vishnu and Jivanshu @ Jebda as the offenders at the time of recording of his statement dated 18.04.2022, on the basis of which present FIR was registered. Reference may be made to the said statement of PW-2 Beat Ct. Rambabu reproduced in para 1 of this judgment. PW-2 Beat Ct. Rambabu introduced the name of accused Vishnu and Jivanshu @ Jebda only at the time of recording of his supplementary statement recorded u/s 161 Cr.P.C on 18.04.2022.
Reference may be made to the said statement of PW-2 Beat Ct. Rambabu reproduced in para 2 of this judgment. Admittedly, prosecution claims that the alleged attack upon PW-2 Beat Ct. Rambabu was made on 17.04.2022 at about 23:00 hrs. In such circumstances, prosecution is duty bound to explain as to why PW-2 Beat Ct. Rambabu failed to name accused Vishnu and Jivanshu @ Jebda as the offenders in his first statement recorded on 18.04.2022 at 06:00 hrs, on the basis of which present FIR was registered and also as to how PW-2 Beat Ct. Rambabu was able to name accused Vishnu and Jivanshu @ Jebda as the offenders in his supplementary statement recorded later, on 18.04.2022 itself. This creates a reasonable doubt in the mind of this Court as to the sanctity of the statement made by PW2 Beat Ct. Rambabu with respect to the identification of accused Vishnu and Jivanshu @ Jebda as actual offenders. Reliance is placed upon the observations made by hon'ble supreme court of india in STATE OF UTTAR PRADESH VS RAGHUVIR LOVLEEN Digitally signed FIR No: 195/2022 State vs. Akash @ Lala 14/26 by LOVLEEN Date:
2025.03.28 15:13:05 +0530 SINGH CRL. APPEAL NO. 1588/2015 DECIDED ON 23.01.2025 . Admittedly, prosecution has not examined any other eye witness of the incident so as to corroborate the version deposed by PW2 Beat Ct. Rambabu. As such, this Court is not inclined to act upon his oral testimony against the accused Vishnu and Jivanshu @ Jebda.
18. Having ruled so, this Court shall now proceed further to assess the effect of oral testimony of PW-2 Beat Ct. Rambabu qua the accused Akash @ Lala and Kushal. This Court must note here that accused Akash @ Lala and Kushal have impliedly admitted their own presence as well the presence of Beat Ct. Rambabu at the spot at the relevant time during the cross-examination of PW-2 Beat Ct. Rambabu. That apart,said accused persons have also implidely admitted that PW2 Beat Ct. Rambabu sustained injuries on his person at the spot at the relevant time. The relevant portion of the cross-examination of PW-2 Beat Ct. Rambabu is as under:-
"I do not remember mobile phone number of Sushil from which he called. I reached the spot at about 10:45 p.m. When I reached at the spot, I found present 4 / 5 persons at one place and 4 / 5 persons at another place nearby the spot. I could not get time to make inquiry from the alleged persons as they started quarreling and abusing me. There was light at the spot where the incident took place.............I do not remember the time at which I had made call to Ct. Dinesh.............I was taken to Trauma Center AIIMS by the PCR. ........... ....................................................... (Cross examination of PW2 Beat Ct. Rambabu by accused LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 15/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:13:11 +0530 Akash @ Lala on 16.12.2022).
" ............................................................................... When I reached at the spot, there was quarrel and abusive language was going on between two groups. In one group, 4 / 5 persons and in other group 5 to 6 persons were there. It is correct that I knew Kushal prior to this incident as I served him summons in some cases and I was posted for last about 1½ to 2 months. It is correct that I did not call police station or police officer when I saw that two groups were quarreling and abusing with each other. It is correct that I received injuries on both sides of my head, back of my head, my forehead and on my left ear. It is correct that I was standing 7 - 10 meters away from accused persons when I reached there.............Rest, I adopt the cross-examination done on behalf of accused Vishnu and Akash @ Lala."
(Cross examination of PW 2 Beat Ct. Rambabu by accused Kushal on 16.12.2022).
19. The above admissions are binding upon the accused Akash @ Lala and Kushal in view of the observations made by Hon'ble Supreme Court in Balu Sudam Khalde and Anr. Vs. State of Maharashtra 2023 SCC Online SC 355. The accused Akash @ Lala and Kushal having made said admissions during the cross-examination of said witness, could not be permitted to raise a dispute as to the said aspect during final arguments. As such, all the relevant arguments raised by the said accused person in order to dispute the above facts are liable to be discarded and Digitally signed by LOVLEEN LOVLEEN Date:
2025.03.28 FIR No: 195/2022 State vs. Akash @ Lala 16/26 15:13:16 +0530 rejected summarily. Given the direction-less cross-examination of PW-2 Beat Ct. Rambabu and the above admissions made by the accused Akash @ Lala and Kushal, this Court finds it appropriate to hold that the oral testimony of PW-2 Beat Ct. Rambabu is consistent, trustworthy and worth acting upon. That being so, it must be held that the prosecution has been able to prove all the relevant facts as to the occurrence of incident and the identity of the offenders Akash @ Lala and Kushal beyond any reasonable doubt on the basis of oral testimony of PW-2 Beat Ct. Rambabu.
Nature of Injuries
20. As per prosecution, at the relevant time, PW-2 Beat Ct. Rambabu sustained the following injuries:- (i)LACERATION OVER SCALP 4X5 (ii) LACERATION OVER FORHEAD 4X1. The said facts are recorded in MLC No. 500310111/2022, pertaining to injured PW2 Beat Ct. Rambabu. As per said MLC, the injuries sustained by injured PW2 Beat Ct. Rambabu were simple in nature and caused by a blunt weapon. In order to proved the said facts, prosecution examined PW6 Dr. Drishti Batra, SR, AIIMS, New Delhi. She proved the MLC pertaining to PW2 Beat Ct. Rambabu as Ex. PW6/B. She was not cross examined as to the availability of said facts in the MLC Ex. PW6/B. Consequently, it could be safely held that the prosecution has proved that PW2 beat Ct. Rambabu sustained the above mentioned injuries on his person at the relevant time.
Recovery of stick / danda and bricks / stones from the spot of incident
21. As per prosecution, after the occurrence of above incident, police staff arrived at the spot. SI Vivek Gautam recovered one blood stained LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 17/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:13:20 +0530 stick and blood stained pieces of bricks from the spot at the relevant time. All the said articles were seized vide memo Ex.PW7/A.
22. Prosecution examined PW4 HC Kailash, PW-7 HC Rajender Singh and PW-8 SI Vivek Gautam to prove the said recoveries. The said witnesses deposed about the above recoveries effected from the spot. PW-7 HC Rajender Singh and PW-8 SI Vivek Gautam deposed that the same were seized vide seizure memo Ex.PW7/A. They also correctly identified the said articles during the course of trial. The oral testimony of PW4 HC Kailash and PW8 SI Vivek Gautam has gone unchallenged and unrebutted qua the above aspects as none of the accused persons bothered to challenge their oral testimony during the course of cross- examination. Accused Kushal has not bothered to cross examine and oral testimony of PW7 HC Rajender qua the above aspects. On the other hand, accused Akash @ Lala has admitted the said recoveries during the course of cross-examination of PW-7. The relevant portion of the cross- examination of PW-7 is as under:-
"...........The lathi / danda was found lying at the spot which was having blood stains and same was seized by the IO. The lathi / danda was not sent to FSL by the IO in my presence. I do not remember as to which mark was there upon the pieces of bricks which were seized by the IO at the spot............. The length of the danda seized in the present case was of about 4 feet.........."(Cross examination of PW 7 HC Rajender Singh dated 21.02.2023.)
23. The above admissions are binding upon the accused Akash @ LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 18/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:13:26 +0530 Lala in view of the observations made by Hon'ble Supreme Court in Balu Sudam Khalde and Anr. Vs. State of Maharashtra 2023 SCC Online SC 355. The accused Akash @ Lala having made said admissions during the cross-examination of said witness, could not be permitted to raise a dispute as to the said aspect during final arguments. As such, all the relevant arguments raised by the accused Kushal and Akash @ Lala in order to dispute the above facts are liable to be discarded and rejected summarily. That being so, it is safe to hold that the prosecution has been able to prove the relevant facts regarding the above recoveries beyond any reasonable doubt.
Recovery of blood stained uniform of PW-2 Beat Ct. Rambabu
24. As per prosecution, on 18.04.2022, PW-7 HC Rajender Singh and PW-8 SI Vivek Gautam reached at AIIMS Trauma Center and discovered PW-2 Beat Ct. Rambabu under treatment. At that time, PW8 SI Vivek Gautam had recorded the statement Ex. PW2/A of PW2 Beat Ct. Rambabu ( as mentioned in para 1 of this judgment) and got the present FIR registered. Thereafter, PW 8 SI Vivek proceeded to seize the blood stained uniform of PW-2 Beat Ct. Rambabu vide memo Ex. PW7/B.
25. Prosecution examined PW-7 HC Rajender Singh and PW-8 SI Vivek Gautam to prove the said seizure. Both the said witnesses deposed about the above seizure vide seizure memo Ex.PW7/B. The seized uniform was identified by PW-2 Beat Ct. Rambabu as Ex. P-3 (colly) during the course of trial. PW-8 SI Vivek Gautam also offered to identify the said uniform during the course of trial, but the production of the LOVLEEN uniform Ex. P-3 (colly) was dispensed with at the time of examination of Digitally signed by LOVLEEN Date: 2025.03.28 FIR No: 195/2022 State vs. Akash @ Lala 19/26 15:13:30 +0530 said witness as the identity of the said uniform was not disputed at that stage. This Court notes that none of the accused persons have bothered to challenge the oral testimony of PW-7 HC Rajender Singh and PW-8 SI Vivek Gautam vis-a-vis the seizure of uniform Ex. P-3 (Colly). That being so, it is safe to hold that the prosecution has been able to prove the relevant facts regarding the above seizure beyond any reasonable doubt.
Arrest of accused Akash @ Lala, Vishnu, Jivanshu @ Jebda and Kushal and Recovery of Motorcycle
26. As per prosecution, accused Akash @ Lala and Vishnu were arrested from their residence on 18.04.2022 and at the instance of said accused persons, government motorcycle bearing registration No. DL- 01SAA-9372 Ex.M1 was recovered from Gurugram canal vide memo Ex.PW7/I. On 30.04.2022, PW2 Beat. Ct. Rambabu informed the IO/PW8 SI Vivek Gautam about the availability of Jivanshu @ Jebda near F Block, Molarband Extension. A Police team arrived at the said spot and at the instance of PW2 Beat. Ct. Rambabu accused Jivanshu @ Jebda was also arrested. Accused Kushal was arrested from Badarpur border on 20.06.2010.
27. In order to prove the above facts, prosecution examined PW 4 HC Kailash, PW-7 HC Rajender Singh and PW-8 SI Vivek Gautam to prove the arrest of accused Akash @ Lala and Vishnu and the factum of said recovery at their instance. All the said witnesses deposed about the arrest of accused Akash @ Lala and Vishnu from their houses on 18.04.2022 vide memos Ex.PW7/C and Ex. PW7/F respectively and the recovery of above motorcycle effected at their instance vide memo Ex.PW7/I. The LOVLEEN Digitally signed by LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 20/26 Date: 2025.03.28 15:13:34 +0530 said witnesses have also deposed about the apprehension and arrest of Jivanshu @ Jebda on 30.04.2022, at the instance of PW2 Beat Ct. Rambabu, vide arrest memo Ex. PW4/A. The said witnesses have also deposed about the apprehension and arrest of accused Kushal on 20.06.2022 vide arrest memo Ex. PW4/D. The oral testimony of said witnesses qua the aspect of arrest does not reflect any serious challenge on behalf of the accused persons. Only one suggestion contrary to the claim of the above witnesses was given on behalf of accused Akash @ Lala and Vishnu (as to the aspect of his arrest) to PW4 HC Kailash, which suggestion was promptly declined by him. In the entire facts and circumstances, this Court does not find any reason to disbelieve the oral testimony of above said witnesses qua the aspect of the arrest of accused persons in this case.
28. Be that as it may, the above oral testimonies are not liable to be acted upon by this Court as far as the same are concerned with the alleged recovery of the said motorcycle. Reason being the fact that the disclosure statements made by accused Akash @ Lala and Vishnu do not reflect that they have made any assertions to the effect that they could get the said motorcycle recovered. Reliance is placed upon the observations made by hon'ble supreme court in RAMANAND VS. STATE OF UP 2022 SCC ONLINE SC 1396, SUBRAMANYA VS STATE OF KARNATAKA AIR 2022 SC 5110 AND BOBY VS. STATE OF KERALA 2023 LIVELAW (SC) 50.
29. In the facts and circumstances, it would be safe to hold that the prosecution has proved beyond reasonable doubt the arrest of said LOVLEEN accused persons namely Akash @ Lala, Vishnu, Jivanshu @ Jebda and Digitally signed by LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 21/26 Date: 2025.03.28 15:13:38 +0530 Kushal during the course of investigation in this case.
Complaint u/s 195 CrPC
30. During the course of trial, prosecution has examined PW9 DSP Ajay Kumar to prove the complaint made by him u/s 195 CrPC against the accused Akash @ Lala, Vishnu and Jivanshu @ Jebda for the commission of offences punishable u/s 186 IPC and Section 3 of The Prevention of Damage to Public Property Act, 1984. The said complaint was made by him at the relevant time, being the administrative superior of PW-2 Beat Ct. Rambabu. PW 9 DSP Ajay Kumar deposed that he had made the said complaint after going through the records of the case and after applying his mind to the facts of the case. He proved the relevant complaint as Ex. PW9/P1. His brief cross-examination is completely uneventful and does not reflect any inconsistency or incoherence. This Court does not find any reason to discard the oral testimony of PW9 DSP Ajay Kumar.
31. However, at this very juncture, this court must observe that the case of the prosecution is liable to be rejected qua the allegations punishable u/s 3 of The Prevention of Damage to Public Property Act, 1984. Reason being the fact that the prosecution has not placed or proved on record the registration certificate of the motorcycle bearing registration number DL-01SAA-9372 Ex.M1. In the absence of any other proof of ownership of the said motorcycle, this Court could not presume that the said motorcycle is a 'public property', which is a basic pre-requisite of the offence defined u/s 3 of The Prevention of Damage LOVLEEN to Public Property Act, 1984. Having ruled so, this Court is constrained Digitally signed by LOVLEEN Date: 2025.03.28 15:13:42 +0530 FIR No: 195/2022 State vs. Akash @ Lala 22/26 to hold that the prosecution has been able to prove only the complaint Ex. PW9/P1 with respect to the offence punishable u/s 186 IPC through the oral testimony of PW9 DSP Ajay Kumar.
32. Here, this Court must also point out that the prosecution has not bothered to take steps for proving the complaint moved u/s 195 CrPC by ACP Joginder Joon against the accused Kushal for the commission of offences punishable u/s 186 IPC and Section 3 of The Prevention of Damage to Public Property Act, 1984.
Investigation
33. Rest of the witnesses examined by the prosecution have deposed about their respective roles before and after the registration of FIR No. 195/2022 PS Badarpur. PW1 Ct. Dinesh deposed about the receipt of a telephonic call from PW-2 Beat Ct. Rambabu whereby he was informed (by PW-2 Beat Ct. Rambabu ) that some persons had beaten him at the spot of incident. He further deposed to have arrived at the spot of incident and to have discovered PW-2 Beat Ct. Rambabu in an injured condition. He further deposed to have made a call at emergency number 112 from the mobile phone of PW-2 Beat Ct. Rambabu. He further deposed that PW-2 Beat Ct. Rambabu was removed to a hospital by a PCR Van. PW5 ASI Mohan Singh has proved the DD NO. 5A dated 18.04.2022 Ex. PW5/A, which was recorded at PS Badarpur on the basis of telephonic information given by PW1 Ct. Dinesh about the attack sustained by PW2 Beat Ct. Rambabu at the relevant time. PW5 ASI Mohan Singh also deposed that he received a rukka for registration of LOVLEEN Digitally signed FIR No: 195/2022 State vs. Akash @ Lala 23/26 by LOVLEEN Date: 2025.03.28 15:13:46 +0530 FIR sent by PW8 SI Vivek Gautam through PW7 HC Rajender. He further deposed to have registered FIR NO. 195/2022 PS Badarpur on the basis of said rukka and to have handed over a copy of the said FIR, supporting certificate u/s 65 B Evidence Act and the original rukka to PW7 HC Rajender for being handed over to PW8 SI Vivek Gautam. Both the said witnesses were cross-examined in brief on behalf of the accused persons, but none betrayed any signs of falsity or untruth. They seem to have withstood the test of cross-examination. This Court finds their oral testimony to be reliable, trust worthy and worth acting upon.
Adjudication as to Charges
34. Having adjudicated the facts established on record by the prosecution, now this Court proceeds to assess whether the said facts justify the charges framed against the accused.
35. It must be observed here that the prosecution has established on record that at the relevant date and time, PW2 Beat Ct. Rambabu arrived at the spot upon receiving a telephonic call from PW3 Sushil Kumar about some commotion in the area. PW2 Beat Ct. Rambabu noticed that accused Akash @ Lala, Kushal and some other persons were available at the spot and were highly agitated. PW2 Beat Ct. Rambabu asked the said persons not to create any trouble, whereafter accused Akash @ Lala, Kushal and their accomplices attacked him with a stick/ danda Ex. P1 and bricks/ stones Ex. P2 colly. PW2 Beat Ct. Rambabu sustained simple injuries in his head region on account of the said attack. Since the injuries sustained by PW2 Beat Ct. Rambabu are simple in nature, this LOVLEEN Court is not inclined to hold that the attack was made with an intent to Digitally signed FIR No: 195/2022 State vs. Akash @ Lala 24/26 by LOVLEEN Date: 2025.03.28 15:13:49 +0530 commit culpable homicide.
36. It is a settled law that finding of conviction could be returned on the basis of sole testimony of injured eye witness (please see Kunju vs State of Tamilnadu MANU/SC/7065/2008, State of U.P. vs Naresh & Ors MANU/SC/228/2011 and Balu Sudam Khalde (supra)). That being so, the accused persons could not seek acquittal merely because no other person / eye witness has been examined by the prosecution during the course of trial. That apart, it must be noted that the MLC Ex. PW6/B reflects that PW2 Beat Ct. Rambabu narrates to the concerned doctor that he was assaulted by two known persons. It must be mentioned here that during trial the accused persons have not sought any clarifications from PW2 Beat Ct. Rambabu as to why he did not name them as the assailants to the doctor concerned at the relevant time. As such, the accused persons could not take advantage of the said fact at this stage. There is no substance in the argument regarding the 'delay' in registration of FIR as the records reflect that the incident occurred at around 23:00 hours on 17.04.2022 at Badarpur and the rukka / tehrir was forwarded to PS at 06:00 hours on 18.04.2022 (after recording of statement of PW2 Beat Ct. Rambabu). In between the said period, information about attack / incident was conveyed to the PS, PW2 Beat Ct. Rambabu was shifted to AIIMS Trauma Center for medical treatment by a PCR Van, PW2 Beat Ct. Rambabu was medically examined and was given requisite medical aid, statement of PW2 Beat Ct. Rambabu was recorded and finally a tehrir / rukka was prepared by IO SI Vivek Gautam. All the above steps are time consuming in nature and the fact that a period of seven hours elapsed before registration of FIR does not LOVLEEN FIR No: 195/2022 State vs. Akash @ Lala 25/26 Digitally signed by LOVLEEN Date: 2025.03.28 15:13:52 +0530 seem sufficient to reject the entire prosecution case. Rest of the arguments made on behalf of accused Akash @ Lala and Kushal are speculative in nature and as such are insufficient to discard the entire prosecution evidence in view of the discussion made herein-before, particularly in the light of admissions made by the accused persons during the course of trial.
37. Given the above facts and circumstances proved on record by prosecution, accused Akash @ Lala is hereby convicted u/s 186/332/353/323/34 IPC. Since the prosecution has not proved the complaint made u/s 195 CrPC against the accused Kushal, accordingly, in view of the above facts and circumstances proved on record by prosecution, accused Kushal is hereby convicted u/s 332/353/323/34 IPC. Accused Kushal is acquitted of charges punishable u/s 186 IPC. Accused Vishnu and Jivanshu @ Jebda are acquitted of charges punishable u/s 186/332/353/323/34 IPC on account of failure of the prosecution to prove their involvement in the commission of said offences beyond any reasonable doubt. On account of the failure of the prosecution to prove that the motorcycle Ex. M1 is a public property, all the accused persons are acquitted of charges punishable u/s 3 of Digitally The Prevention of Damage to Public Property Act, 1984. signed by LOVLEEN LOVLEEN Date:
Dictated and Announced 2025.03.28
15:13:58
in open Court on 28.03.2025 (Lovleen) +0530
ASJ-03 (South- East),
Saket Courts, New Delhi
FIR No: 195/2022 State vs. Akash @ Lala 26/26