Delhi District Court
Sc No.57936/16 State vs . Ugbekile Sunday & Ors. Page No. 1/5 on 16 March, 2018
IN THE COURT OF DR. SHAHABUDDIN
ADDITIONAL SESSIONS JUDGE / SPECIAL JUDGE: (NDPS)
WEST DISTRICT : TIS HAZARI COURTS : DELHI
IN THE MATTER OF
SESSIONS CASE NO.57936/16
FIR NO.368/16
P.S. TILAK NAGAR
U/S 302/452/120B IPC
STATE
VERSUS
1. UGBEKILE SUNDAY @PEDRO,
S/O MR. UGBEKILE,
R/O G-23, MAHAVIR ENCLAVE, NEAR UNIVERSAL
PUBLIC SCHOOL, PALAM VILLAGE, NEW DELHI.
PERMANENT R/O H.NO.20, SARARA STREET,
AGBOR, DELHTA STATE, NIGERIA.
2. GODSPOWER CHINEDU @ISAKABA,
S/O MR. OKWUZOR,
R/O HOUSE NO.2, FIRST FLOOR, ROAD NO.123,
TUGLAKABAD, DELHI.
(ACCUSED NO.1 & 2 IN MAIN CASE)
3. LEONARD BELLO @MUSTAFA,
S/O MR. BELLO,
R/O C-9, FIRST FLOOR, ASHOK VIHAR, DELHI.
(IN SUPPLEMENTARY CHARGESHEET)
.....ACCUSED
DATE OF INSTITUTION : 29.07.2016
DATE OF RESERVING THE ORDER : 16.03.2018
DATE OF DECISION : 16.03.2018
JUDGMENT
1. Briefly stating, as per the case of the prosecution, on or before 30.03.2016, all three above-mentioned accused persons, along with their associates namely Chinyem Bieni @Collins, Chuks Obuseh @Nani, Enakeno Useh @Kaneo and Chukwujekwu Malachy Onuoroh @CJ (not yet arrested) entered into a criminal conspiracy SC No.57936/16 State Vs. Ugbekile Sunday & ors. Page No. 1/5 to commit the murder of Mr. Best Obire Johnson(to be referred to as deceased hereinafter) and in pursuance of the criminal conspiracy, they all trespassed in House no.80, III Floor, Gali no.9, Krishna Puri, Delhi, within the jurisdiction of Police Station Tilak Nagar, Delhi, and having made preparation to commit the murder of deceased, they all, in furtherance of their criminal conspiracy, committed his murder.
2. Accused persons have faced trial for the offences punishable under section 120B IPC, 452 read with Section 120B IPC and 302 read with section 120B IPC respectively. Charge was framed vide orders dated 17.09.2016 and 11.11.2016 respectively, passed by the learned Predecessor of this court, against accused no.1 & 2 respectively, to which they pleaded not guilty and claimed trial. Later on, accused Leonard Bello @Mustafa(accused no.3) was arrested and supplementary chargesheet was filed against him and vide order dated 12.03.2018, charge was framed against him for the abovementioned offences, to which he also pleaded not guilty and claimed trial.
3. Prosecution in all examined following witnesses :-
PW-1 Head Constable Sudhir, the MHC(M) PW-2 ASI Resham Pal Singh, the duty officer, who has proved
the FIR in this case as Ex.PW2/A, endorsement on rukka as Ex.PW2/B, the certificate u/s 65B of Indian Evidence Act as Ex.PW2/C and DD No.11A regarding admission of injured/ deceased in hospital as Ex.PW2/D. PW-3 Constable Shashi Kumar was the duty Constable in DDU Hospital, Delhi where the injured was brought dead.
PW-4 ASI Sanjeev Kumar, the photographer has proved the photographs taken at spot as Ex.PW4/A-1 to Ex.PW4/A-12 and the negatives thereof as Ex.PW4/B-1 to Ex.PW4/B-12.
SC No.57936/16 State Vs. Ugbekile Sunday & ors. Page No. 2/5PW-5 Head Constable Sumer Singh, the special messenger has delivered the copy of the FIR to senior officers and he also deposited the pullandas in FSL.
PW-6 Mr. Deepak Punn is the landlord qua the premises let out to Frank and Best(deceased) and proved the rent agreement as Ex.PW6/A, copies of passports of Frank and Best as Ex.PW6/B(colly), which were seized by the police vide seizure memo Ex.PW6/C. PW-7 ASI Mukesh, the Crime Team Incharge had inspected the spot and prepared the report Ex.PW7/A. PW-8 Mr. Ravi, the Manager, Hotel Mel's Rejency, Bengaluru has proved the record qua stay of John Pedro and Sunday in that hotel on 31.03.2016.
4. The remaining Prosecution Evidence was closed vide detailed orders dated 08.03.2018 and 12.03.2018 respectively. Statements of accused persons under section 313 Cr.P.C. have been dispensed with as there is no incriminating/ scientific evidence against any of the accused.
5. The record has been carefully and thoroughly perused. Submissions of learned Additional Public Prosecutor for State and learned counsel for accused persons have been heard. The respective submissions of either side have been considered.
6. A perusal of record shows that Ms. Happy, Mr. Frank, Mr. Ahamefule and Mr. Elvis Ohancnosim are the only material /eye witnesses in this case but they have not been examined in this case by prosecution side reportedly being not traceable despite best efforts of investigating agency/ prosecution side.
7. In view of the foregoing reasons, this Court is of the considered view that prosecution has miserably failed to prove its case against any of the accused beyond reasonable doubt for any of the offences for which charges were framed against them in this matter. Accordingly, all three accused persons are acquitted in this SC No.57936/16 State Vs. Ugbekile Sunday & ors. Page No. 3/5 case for the offences punishable u/s 452 read with section 120B and 302 read with section 120B IPC as well as for offence punishable 120B IPC respectively. All three accused persons are in judicial custody in this case at present. All of them be released from judicial custody forthwith in this case, if not wanted in any other case, subject to furnishing by each of them a personal bond in sum of Rs.40,000/- each with one local surety in the like amount by each, in view of mandate of section 437A Cr.P.C.
8. Bail bonds furnished on behalf of accused Leonard Bello @Mustafa today but the same have been sent for verification through SHO P.S. Tilak Nagar, Delhi, asking the SHO concerned to verify the addresses of this accused and his surety and then to file the verification report before this court on 17.03.2018 at 02:00 PM and if such bail bonds are found satisfactory by this court, the necessary information in this regard, as per law, would be communicated to Superintendent of jail concerned qua this accused, for taking necessary action, as per law by Superintendent of Jail concerned at his end. Bail bonds in compliance to section 437A Cr.P.C. not furnished today on behalf of remaining two accused and Ld. Counsel for these two accused persons submitted to furnish the same before this court on 17.03.2018.
9. Copy of this order be attached with the warrants of all the accused persons for information to these accused as well as to the Superintendent(s) of Jail(s) concerned for necessary action at his/ their end, as per law, in view of the above-mentioned order. To come up for limited purpose on 17.03.2018, qua verification of bail bond of accused Leonard Bello @Mustafa and qua furnishing of bail bonds of remaining two accused persons, as per section 437A Cr.P.C., if any, and for that purpose, a separate miscellaneous file be prepared. A copy of this order be sent to the FRRO Authorities, New Delhi, for necessary information as well as for taking appropriate action, as per law/ rules, at their end in this matter.
SC No.57936/16 State Vs. Ugbekile Sunday & ors. Page No. 4/510. The main judicial files, qua the main chargesheet and qua supplementary chargesheet against accused Leonard Bello @Mustafa, be consigned to Record Room as per rules after necessary compliance.
Digitally signed by DOCTOR DOCTOR SHAHABUDDIN
SHAHABUDDIN Date: 2018.03.17
ANNOUNCED IN THE OPEN COURT 04:05:09 +0500
ON : 16th MARCH, 2018 (DR. SHAHABUDDIN)
ADDITIONAL SESSIONS JUDGE
SPECIAL JUDGE : NDPS
WEST DISTRICT/ DELHI
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