Delhi District Court
State vs . on 3 December, 2018
Page 1 of 38
IN THE COURT OF SH VIRENDER KUMAR GOYAL,
ADDL. SESSIONS JUDGE04, WEST DISTRICT,
TIS HAZARI COURTS, DELHI
CNR No.DLWT010003502012
SC No. 56794/16
FIR No. 265/11
P.S. Khyala
U/Sec. 302/307/34 IPC
State
Vs.
1.Neeraj @ Montu S/o Sh. Omkar Nath R/o R178, Raghubir Nagar, Delhi
2. Arun Pradhan S/o Sh. Ashok Kumar R/o R 915, JJ Colony, Raghubir Nagar, Delhi
3. Vijay @ Kake S/o Sh. Nahar Singh State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 2 of 38 R/o H. No. D237, Raghubir Nagar, Delhi Date of committal to Court of Sessions : 28.02.2012 Final Arguments concluded on : 27.10.2018 Date of Judgment : 03.12.2018 J U D G M E N T
1. The present case has been registered against the accused persons in PS Khyala for the offence u/s 302/307/34 IPC with the allegations that on 26/10/2011 at about 10.30 pm in front of R Block Park dustbin, Raghubir Nagar, Delhi, thus committed murder intentionally stabbing, thereby causing death of Neeraj @ Nonu
2. During the investigation, accused Vijay @ Kake was not arrested in this case and was declared proclaimed offender, so he was kept in column no. 11A of charge sheet. After completion of investigation, chargesheet under Sections 302/307/34 IPC was filed against accused on 20.01.2012 before the Court of Ld. Duty MM, West District, Tis Hazari Court, Delhi and vide order dated 20.05.2017, Ld. MM committed the case to the Court of Sessions. State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 3 of 38
3. Vide order dated 30/03/2012, charge U/Sec. 302/34 IPC was framed against accused Neeraj @ Montu to which he pleaded not guilty and claimed trial.
4. On 31/05/2012, supplementary charge sheet was filed in respect of accused Arun Pradhan and on the same day charge for the offence u/s 302/34 IPC was framed against him to which he pleaded not guilty and claimed trial.
5. During the trial, the prosecution has examined 24 witnesses.
6. PW1 HC Kuldeep Singh has stated that on 27/10/2011, while he was posted at PS Khyala as duty officer, at about 1.35 in the night, SI Abhishek of PS Rajouri Garden gave information through telephone to the effect that Neeraj S/o Suresh Kumar has been admitted through his Bhabhi namely Sujata at DDU Hospital. The jurisdiction was of PS Khyala and it was requested to send IO. He recorded this information vide DD No. 10A Ex PW1/A and gave copy of the same to SI Hansraj, who alongwith Ct Jai Prakash proceeded from the PS to State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 4 of 38 DDU Hospital.
7. PW1 has further stated that on 27/10/2011 at about 4.30 a.m., he recorded FIR Ex PW1/B of present case on the basis of tehrir sent by SI Hansraj through Ct Jai Prakash and gave copy of FIR and original tehrir after making his endorsement on the same vide Ex PW1/C to him.
8. PW1 has further stated that he had made kayami DD No. 16A for getting recorded the FIR is Ex PW1/D.
9. PW1 has further stated that DD No. 23A with regard to the death of Neeraj is Ex PW1/E.
10. PW2 Sh. Vikas has stated that on the day of Diwali in the year 2011, he was present in the street in front of his house and was bursting fire crackers. He heard commotion and reached in front of the park of R Block, Raghubir Nagar and saw Neeraj @ Nonu was lying there and blood was oozing out from his chest. Neeraj @ Nonu was State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 5 of 38 raising alarm. He lifted him and took him at his residence which was in front of the park.
11. PW2 has stated that the distance between his residence and park is about 510 minutes walk. He alongwith other persons including his father, his bhabhi and his sister had taken injured Neeraj @ Nonu to DDU Hospital and police also reached there. He was brought by them at PS Khyala and police officials obtained his signatures.
12. PW3 Ct. Virender has stated that on 27.10.2011, while he was posted at DDU Hospital as duty Constable, at about 11.40 a.m., he gave information to the duty officer at P.S. Khyala to the effect that Neeraj expired in the hospital at about 6.30 a.m.
13. PW4 ASI Azad Singh has stated that on 27.10.2018, while he was posted at Mobile Crime Team as Incharge, he received a call from Control Room, so he alongwith Ct. Sukhram Pal, Photographer and ASI Dharamvir, Fingerprint Expert reached at Rblock in front of State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 6 of 38 H.No.101, Ragubir Nagar, where S.I. Hans Raj met him. He noticed that there were some blood stained marks in the street. He inspected the site and prepared his report and gave the same to the I.O. vide Ex.PW4 /A.
14. PW5 S.I. Abhishek Kumar has stated that on 26.10.2011, while he was posted at P.S. Rajouri Garden, he was on emergency duty. At about 11.50 p.m, information was received from DDU Hospital, regarding admission of injured Neeraj at DDU Hospital vide DD No.35A. Duty officer gave him copy of the same and he went to DDU Hospital, where injured Neeraj was found admitted and his Bhabi namely Sujata was found there. Injured Neeraj was unconscious. He enquired from Sujata and he came to know that occurrence had taken place in the park in RBlock near Masjid, which falls within the jurisdiction in P.S. Khyala. Accordingly, the Duty Officer at P.S. Khyala was informed vide DD No.10A Ex.PW1/A.
15. PW6 Ct. Sukram Pal has stated that on 27.10.2011, while he State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 7 of 38 was posted at Mobile Crime Team. Incharge ASI Azad Singh received a call from Control Room and he alongwith him, photographer and ASI Dharamvir, Fingerprint Expert reached at R Block in front of House No.101, Ragubir Nagar, where S.I. Hans Raj met them. He noticed that there were some blood stained marks in the street. He had taken four photographs and negative of the same are Ex.PW6/PA.
16. PW7 S.I. Mahesh has stated that on 16.11.2011, while he was posted as Draftsman in Crime Team Branch, on the request of Insp. Yashpal, he reached at P.S. Khyala and from there, he alongwith with him visited the place of incident i.e. MCD Park, RBlock, Raghubir Nagar and Gali between R80 and R101. There at the instance of Master Vikas Singh, he took rough notes and measurements of the place of incident. On the basis of those rough notes and measurements, he prepared scaled site plan Ex.PW7/A.
17. PW8 S.I. Hans Raj has stated that on 26.10.2011, while he was State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 8 of 38 posted at P.S. Khyala, at about 01.35 a.m., Ct. Jai Prakash gave him DD No.10A Ex.PW1/A. This DD was with regard to admission of injured Neeraj at DDU Hospital. He alongwith Ct. Jai Prakash went at DDU Hospital. He collected the MLC of injured Neeraj. He moved an application Ex PW8/A before the concerned doctor to obtain the fitness of the injured/patient. On this application, doctor made his endorsement that patient was unfit for statement. In the hospital itself, one eyewitness namely Vikas Singh met him. He enquired from him and recorded his statement Ex.PW3/B. He made his endorsement on the same Ex.PW8/B and gave original tehrir to Ct. Jai Prakash.
18. PW8 has further stated that Mr. Suresh Kumar, father of injured produced before him at DDU Hospital with blood stained clothes of injured Neeraj i.e. one jeans pant, one sando Baniyan having two cut marks, one towel and one Tshirt. He kept all these clothes in a clothe parcel and it was sealed with the seal of HRS and this parcel was given serial no.1 and was taken into possession through seizure memo Ex.PW8/C. Ct. Jai Prakash also came back at State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 9 of 38 DDU Hospital and gave him copy of FIR and original Tehrir. He mentioned the blood stained Tshirt and stated that blood came on his Tshirt at the time of shifting of injured to the hospital.
19. PW8 has further stated that he kept the Tshirt in a parcel. It was given parcel no.2 and was sealed with the seal of HRS and was taken into possession through seizure memo Ex.PW2/A. He alongwith Ct. Jai Prakash and witness Vikas Singh went at the place of occurrence i.e. RBlock Park, opposite Dustbin (Khatta), Raghubir Nagar, Delhi and Crime Team Officials have reached at the spot. They inspected the place of occurrence, took the photographs and some exhibits i.e. one red coloured handkerchief, blood stained concrete (floor type) and blood on gauze were lifted and were kept in separate parcel, which were given serial No.4, 5 and 3 respectively and were sealed with the seal of HRS and were taken into possession through Ex.PW8/D.
20. PW8 has further stated that he prepared site plan Ex.PW8/E at State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 10 of 38 the instance of complainant and complainant was relieved from there. Later on, the information was received that injured had expired and further investigation was handed over to Insp. Yashpal, so he handed over the relevant documents and exhibits to Insp. Yashpal.
21. PW8 has further stated that he has identified one jeans pant, one sando baniyan, one Tshirt and one towel as Ex P1. He had also identified Ex.P2 i.e. Tshirt.
22. PW9 Dr. Santosh Kumar has stated that on 27.10.2011, he conducted postmortem on the dead body of Neeraj @ Nonu, aged 26 years and his detailed PM report No.1252/11 dated 27.10.2011 is Ex.PW9/A. The cause of death was due to haemorrhagic shock subsequent to tearing of both lungs caused by stab wounds by sharp edged pointed weapon like knife, etc. All the injuries were antemortem in nature and the injury no.5 and 6 as mentioned in the PM report were sufficient to cause death individually as well as in combination, in the ordinary course of nature. Blood on gauze piece State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 11 of 38 was sealed with the seal of DFMT, DDU Hospital and same was handed over to the police officials.
23. PW10 HC Ved Praksah has stated that while he was posted at P.S. Khyala, he joined investigation of this case with Insp. Yashpal Singh and they reached at DDU Hospital Mortuary. The relatives of deceased Neeraj @ Nonu met them in the hospital. They identified the dead body. IO conducted the inquest proceedings and dead body was sent for postmortem. After the postmortem, the dead body was handed over to the relatives of deceased and doctors handed over sealed pullandas alongwith sample seal to the I.O. and he signed the memo Ex.PW10/A.
24. PW10 has further stated that I.O. recorded the statements of PWs U/Sec.161 Cr.P.C. Thereafter, they visited R144, Raghubir Nagar with complainant Vikas and made a search of the culprits. Accused Neeraj @ Montu was apprehended at the instance of complainant Vikas. Accused was interrogated and arrested vide memo State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 12 of 38 Ex.PW10/B and his personal search was conducted vide memo Ex.PW10/C. Accused made a disclosure statement Ex.PW10/D and he was got medically examined in the hospital and then was taken back to P.S. Accused's blood stained pant, which he was wearing was also taken from him and sealed in a pullanda and was seized vide memo Ex.PW10/E. I.O. recorded his statement.
25. PW10 has further stated that the case property was deposited in the Malkhana and the accused was locked up. He has identified one jeans pant of Gant brand having blood stains as the same, which accused was wearing at the time of arrest as Ex.P3.
26. PW11 Ms. Sujata has stated that on 26/10/2011, her neighbour Vikas Singh came to her and informed that her brother in law Neeraj @ Nonu is lying in a injured condition in front of their house. Thereafter, she reached there with him and found Neeraj @ Nonu lying in an unconscious and injured condition there. Thereafter, she alongwith Vikas Singh took Neeraj @ Nonu to DDU Hospital in a State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 13 of 38 private car and admitted him there. Neeraj @ Nonu expired during treatment in the hospital.
27. PW11 has further stated during his cross examination by ld.
Addl. PP for State that on 26/10/2011, when Vikas Singh came to him and told about above mentioned facts. He was having his brother in law Neeraj @ Nonu with him and kept him at the door of her house, from where they removed Neeraj @ Nonu to the hospital.
28. PW12 Mr. Rakesh has stated that on 27/10/2011, he alongwith his uncle Suresh had gone to DDU Hospital. Doctor in the hospital had handed over the clothes i.e., one blood stained blue coloured jeans, blood stained vest, blood stained towel and blood stained T shirt , Ex.P1 of his younger brother Neeraj @ Nonu, which were removed by the doctor during treatment of his brother . The said clothes were handed over to the IO in his presence by his uncle Suresh and same were sealed by the IO with the seal and were taken into possession vide memo Ex.PW8/C. State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 14 of 38
29. PW12 has stated that after the postmortem, dead body of his brother Neeraj @ Nonu was handed over to them vide receipt Ex PW12/A.
30. PW12 has identified blood stained jeans pant, one sendo baniyan, one Tshirt and one towel as the same before the court, which deceased was wearing at the time of incident and were handed over by doctor to his uncle in his presence and were sealed by the IO in his presence as collectively Ex.P1.
31. PW13 Dr. Neeraj Kumar has stated that on 26/10/2011, while he was on duty as casualty medical officer in DDU Hospital, at about 11 pm patient Neeraj aged about 26 years was brought to hospital by one Sujata for medical examination with the alleged history of physical assault as told by patient and brought by Ms. Sujata. The patient was examined by Dr. Awadesh, who was on duty in the casualty and the MLC was prepared by Dr. Awadesh and as per MLC, two injuries were found on the persons of patient. State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 15 of 38
32. PW13 has further stated that injury no. 1, approx 3 X 3 cm CIW on right anterior chest; parasternal line vertically approx on 6 th rib tailing down wards. Second injury approx 3 X 2 cm, CIW on left chest, mid clavicular line approx on 9th rib lying horizontally tailing laterally.
33. PW13 has further stated that after giving initial treatment, patient was referred to surgery department. The MLC is Ex PW13/A bearing signatures of Dr. Awadesh.
34. PW14 Ct. Raj Singh has stated that on 06/01/2012, while he was posted at PS Khyala, on the directions of IO Inspector Yashpal Singh, he received the exhibits in sealed conditions pertaining to the present case from the then MHC (M) vide RC No. 02/21/12 to deposit the same in FSL Rohini and he took the same to FSL Rohini and deposited there. FSL officials handed over copy of receipt issued in this regard and copy of road certificate to him and he handed over the same to MHC(M) and so long as case property remained in his State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 16 of 38 possession, the same was not tempered with. IO recorded his statement in this regard.
35. PW15 HC Ram Avtar has stated that on 01.06.2012, while he was posted at PS Khyala as MHC(M). On that day, on the directions of the IO, he handed over the seven sealed pullandas, out of which, five pullandas were sealed with seal of HRS, one was sealed with the seal of GM and one was sealed with the seal of 'DFMT DDU HOSPITAL' with one sample seal of DFMT DDU HOSPITAL to Ct. Raj Singh for depositing the same at FSL Rohini, Delhi vide RC No. 02/21/12. RC register is Ex.PW15/A bearing his signatures and he made an endorsement to this effect in register no.19. On the same day. Ct. Raj Singh returned from the FSL Rohini and handed over the acknowledgment issued by FSL Rohini and copy of the same is Ex PW 15/B. So long the case property remained in his possession, it was not tampered with in any manner.
36. PW16 Ct. Jai Prakash has stated that on 26.10.2011, he was State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 17 of 38 posted at PS Khyala. On that day, he alongwith SI Hans Raj was performing emergency duty from 8:00pm to 8:00am. At around 1:35am, SI Hans Raj received DD no. 10A. Upon receiving the said information, he alongwith SI Hans Raj reached at DDU hospital, where SI Hans Raj collected the MLC of the injured. Doctor opined on the MLC that injured was unfit for statement.
37. PW16 has further stated that one eye witness namely Vikas Singh met them in the hospital. SI Hans Raj recorded his statement and prepared the tehrir. SI Hans Raj handed over the tehrir to him for registration of the present case. He went to PS Khyala, where he got registered the present FIR. After registration of the case, he returned to the DDU hospital with copy of the FIR and rukka and handed over the same to SI Hans Raj.
38. PW16 has further stated that IO prepared the pullanda of the T Shirt having blood stained and sealed with the seal of HRS and pullanda of the Tshirt was taken into possession vide seizure memo State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 18 of 38 Ex.PW2/A bearing his signatures. Thereafter, they alongwith eye witness Vikas reached at the spot i.e. R101, Raghubir Nagar, Delhi. SI Hans Raj called the crime team. Crime team lifted the exhibits from the spot and kept in separate plastic container and same were tagged and sealed with the seal of HRS. The said pullandas were taken into possession vide seizure memo Ex.PW8/D bearing his signatures. Photographer had taken the photographs of the spot. SI Hans Raj prepared the unscaled site plan at the instance of Vikas Singh. Thereafter, they returned to the police station with the case property. IO recorded his statement in this regard.
39. PW16 has identified one Tshirt of grey colour having some stains and holes as the same before the court, which was handed over by Vikas to the IO in the hospital as Ex.PW161.
40. PW17 Ms. Sunita Gupta, Senior Scientific Officer (Biology) FSL Rohini, Delhi has stated that on 06.01.2012, he was posted at FSL Rohini as senior scientific officer (biology). The seven sealed State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 19 of 38 parcels, out of which five pullandas were sealed with the seal of HRS, one pullanda was sealed with the seal of DFMT DDU HOSPITAL and one pullanda was sealed with the seal of JM pertaining to case FIR No. 265/2011 of P.S. Khyala was assigned to her. The aforesaid pullandas were opened and material of the parcel no.1 was marked as Ex. 1a,1b,1c & 1d and remaining materials of the other parcels were marked as Ex. 2 to 7. She mentioned the exhibits in her report Ex.PW 17/A bearing her signatures.
41. PW17 has further stated that on biological examination, blood was detected on exhibits 1a, 1b, 1c, 1d & 2 to 7. On serological examination, blood of human origin was found on exhibits 1a, 1b, 1c, 1d & 2 to 7 and blood of O group was found on exhibits 1a, 1b, 1c, 1d, 2 & 6. She prepared the report Ex.PW17/B bearing her signature in this regard. After examination, remnants of the exhibits were resealed with the seal of SG FSL DELHI.
42. PW18 HC Mast Ram has stated that on 27.10.2011, while he State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 20 of 38 was posted at PS Khyala and was working as MHC(M), on that day, Inspector Yashpal Singh, IO of the present case, deposited 7 pullandas (5 were sealed with the seal of HRS, one pullanda was sealed with the seal of DFMT DDU HOSPITAL and one pullanda was sealed with the seal of JM) and one sample seal in the Malkhana and he made entry at serial no.989 in register no. 19 and the same is Ex.PW18/A.
43. PW18 has further stated that as per record, on 06.01.2012, aforesaid seven sealed parcels were sent to FSL Rohini through Ct. Raj Singh for opinion vide RC No. 02/21/12 and the same is Ex.PW 18/B. As per record, Ct. Raj Singh had given the acknowledgment issued by the FSL Rohini to the then MHC(M), copy of the said acknowledgment is Ex.PW 18/C.
44. PW18 has further stated that as per record, on 27.06.2012, the FSL result with sealed case properties was received in the Malkhana of PS Khyala.
45. PW18 has further stated that so long the case property State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 21 of 38 remained in his possession, the same was not tempered with and it remained intact.
46. PW19 HC Hanuman Sahai has further stated that on 20.03.2012, he was posted at P.S. Khyala as Head Constable. On that day, he joined investigation of the present case with IO/Inspector Yashpal Singh and they reached Tis Hazari Courts Complex. In the Court of Sh. Rajesh Malik, Ld. MM. IO moved an application for interrogation of accused Arun @ Pradhan. After interrogation, accused Arun @ Pradhan was arrested vide memo Ex.PW19/A and personal search of accused was conducted vide memo Ex.PW19/B, both bearing his signatures. Disclosure statement of the accused was recorded by the IO vide memo Ex.PW19/C bearing his signature. Thereafter, one day P.C. remand of the accused was obtained.
47. PW19 has further stated that thereafter, accused led them to the place of incident and the IO prepared the pointing out memo vide memo Ex.PW19/D. State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 22 of 38
48. PW19 has further stated that efforts were made to recover the weapon of offence and to arrest the accused Vijay @ Kake but in vain. Thereafter, accused was taken for medical examination to GGS Hospital. IO recorded his statement.
49. PW20 Dr. Gaurav Goel has further stated that on 27.10.2011, he was posted in Emergency Surgical Ward at Deen Dayal Upadhyay, Hospital as Junior Resident (Academic), DNB (Diplomat of National Board). On 26.10.2011, one patient namely Neeraj S/o Suresh Kumar, aged about 26 years male was admitted in the aforesaid hospital vide MLC No.22206 and on 27.10.2011, SI Hansraj, P.S. Khyala had moved one application for recording of statement of the aforesaid patient and for the opinion as to the fitness of patient for giving statement.
50. PW20 has further stated that on the aforesaid date at about 2.30 a.m., he opined under the supervision of Senior Resident Surgery posted at Emergency Surgical Ward that the patient was not fit for State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 23 of 38 statement. His opinion is at point 'X' on Ex.PW8/A bearing her signature at point B.
51. PW21 Inspector Yashpal Singh has further stated that on 27.10.2011, while he was posted as Inspector investigation at P.S. Khyala, he received DD No.23A regarding the death of Neeraj @ Monu S/o Suresh. Thereafter, he called SI Hanshraj, who handed over copy of FIR No.265/11, site plan, certificate U/Sec.65B of Indian Evidence Act, which is Ex.PW21/A, Scene of Crime Report is No.961/11, copy of DD NO.10A and seizure memos, etc. Section 302 IPC was added in the present case.
52. PW21 has further stated that thereafter, at about 1.00 a.m., he alongwith H.Ct. Ved Prakash went to DDU mortuary for the postmortem of Neearaj @ Nonu. He made request for postmortem vide application Ex.PW21/B bearing his signature. Dead body was identified by father and brother of deceased namely Suresh Kumar and Rakesh Kumar. Proceedings U/Sec.174 Cr.P.C. were conducted. State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 24 of 38 He had also recorded statement of Ms. Sujata, who was present at the mortuary of DDU Hospital. Concerned doctor had handed over blood in gauge of the deceased in sealed condition and sample seal of "DFMT DDU HOSPITAL". He seized the same as Ex.PW10/A bearing his signature.
53. PW21 has further stated that on that day at about 6.00 p.m., he alongwith complainant Vikas Singh and HC Ved Prakash reached at Gaonwala Chowk, Raghubir Nagar during the search of the accused, where complainant had pointed towards accused Neeraj @ Montu who was coming towards the chowk. Accused was apprehended by HC Ved Prakash and he was interrogated by him. Accused was arrested vide memo Ex.PW10/B and his personal search was conducted vide memo Ex.PW10/C, both bearing his signature. Disclosure statement of accused was recorded vide memo Ex.PW 10/D bearing his signature. Information of arrest was given to father of accused namely Mohan Singh @ Omkar Nath, who had brought one pant for the accused. Thereafter, the wearing pant i.e., blue State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 25 of 38 coloured jeans of the accused Neeraj @ Montu, which was apparently having blood stains was converted into pullanda with the help of cloth and the same was sealed with the seal of "JM". The aforesaid pullanda was seized vide memo Ex.PW21/C bearing his signature.
54. PW21 has further stated that thereafter, the accused led them to the place of incident and pointed towards the place of incident. Thereafter, the accused was put in lockup of P.S. Rajouri Garden after his medical examination. Case property was deposited by him with the MHC(M). He had recorded statement of HC Ved Prakash and complainant Vikash.
55. PW21 has further stated that thereafter, he made efforts for searching the accused persons namely Vijay @ Kake and Arun @ Pardhan. On 08.11.2011, application for surrender was moved by aforesaid accused persons but they did not surrender before the Hon'ble Court. On 20.03.2012, accused Arun Pardhan had surrendered before the Hon'ble Court. Accused was interrogated who the State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 26 of 38 permission of Hon'ble Court and thereafter he was arrested vide arrest memo Ex.PW19/A. His personal search was conducted vide memo Ex.PW19/B. Both bearing his signatures. Disclosure statement of accused was recorded vide memo Ex.PW19/C bearing his signature. One day P.C. remand was obtained from the Hon'ble Court. During police remand, accused had pointed out towards the place of incident vide memo Ex.PW19/D bearing his signature and the aforesaid accused disclosed that the weapon of offence i.e. knife was in the possession of accused Vijay @ Kake.
56. PW21 has further stated that they had obtained process U/Sec.82/83 Cr.P.C. against accused Vijay @ Kake from the Hon'ble Court of Sh. Sunil Kumar Sharma, Ld. MM and on 17.08.2012, aforesaid accused was declared P.O. by the Hon'ble Court.
57. PW21 has further stated that on 06.02.2013, accused Vijay @ Kake was arrested U/Sec.41.1 C by the Special Team Crime Branch. He had interrogated the accused with the permission of Hon'ble Court. State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 27 of 38 Accused was arrested vide arrest memo Ex.PW21/D, his personal search was conducted vide memo Ex.PW21/E, both bearing his signatures. Disclosure statement of accused was recorded vide memo Ex.PW21/F bearing his signature. One day P.C. remand was taken by him. During police remand accused had pointed towards the place of incident vide memo Ex.PW21/G. Thereafter, the accused was produced before the Hon'ble Court and was sent to J.C. He had sent the case property i.e. 7 sealed parcels to FSL on 06.01.2012 through Ct. Raj Singh. During the investigation, he had also got prepared scaled site plan by the draftsman on 13.012.2011. The same is Ex.PW7/A.
58. PW21 has identified one blue coloured jeans pant of Gant Brand having dark brown stains as the same pant before the court, which the accused was wearing and which was seized after the arrest of accused Neeraj @ Montu as Ex.P3.
59. PW21 has further stated that on 10/04/2012, he went to execute State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 28 of 38 the process u/s 82 Cr.P.C against accused Vijay Singh s/o Sh. Nahar Singh, R/o D237, Raghubir Nagar, Delhi but he was not found at the given address and his father informed him that accused had not visited the house for last one year and expressed ignorance regarding whereabouts of the accused. The process u/s 82 Cr.P.C was duly executed as he publicly read the proclamation with beats of drum and pasted the copy of said process at the main gate of the said house and photographs of affixation were taken. The aforesaid three photographs are collectively Mark PW21/1. One copy of the process was also pasted on the notice board of the court of Sh. Sunil Kumar Sharma, Ld. MM, THC, Delhi on 24/07/2012. His report in this regard is Ex PW21/H, bearing his signatures. The notice was also published in the newspapers namely Navbharat Times and Times of India, both dated 10/04/2012.
60. PW21 has further stated that on 07/08/2012, he went to execute the process u/s 83 Cr.P.C against the accused Vijay Singh, s/o Nahar Singh, R/o D237, Raghubir Nagar, Delhi, which is Ex PW21/I but State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 29 of 38 the same could not be executed as no movable or immovable property existed in the name of accused at the given address. The aforesaid house was a rented accommodation.
61. PW21 has further stated that on 17/08/2012, he moved an application Ex.PW21/J bearing his signatures before Ld. MM concerned for declaring accused Vijay Singh as proclaimed offender and accused Vijay was declared proclaimed offender by Sh. Sunil Kumar Sharma, Ld. MM, THC, Delhi vide order dated 17/08/2012 Ex PW21/K in his presence.
62. PW22 ASI Shailender Singh has stated that on 06/02/2013, he was posted as head constable at PS Crime Branch, Prashant Vihar Delhi. On that day, he received an information that one person namely Vijay Singh @ Kake, who was declared P.O by court of Sh. Sunil Kumar Sharma, Ld. MM, Tis Hazari Court, would come near Shivaji College. He alongwith Ct Salimuddin, Ct Anand, Ct Praveen and secret informer went to Shivaji College in a private car. They reached State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 30 of 38 at about 8.30 am and trapped a net. At about 9.20 am, at the instance of secret informer, he apprehended accused Vijay @ Kake. He interrogated him and arrested him vide arrest memo Ex PW22/A and his personal search was conducted vide memo Ex.PW22/B both bearing his signatures. He produced the accused before Ld. MM and thereaftePW22r he returned to his office at Prashant Vihar and recorded DD No. 12 Ex.PW22/C regarding the arrest of accused.
63. PW22 has stated that later on, he prepared Kallandra u/s 41.1 ( c ) Cr.P.C Ex.PW22/D. He informed police station Khayala regarding the arrest of accused. On the same day, accused Vijay @ Kake was produced before Ld. MM of PS Khyala.
64. PW23 HC Salimuddin has stated that on 06/02/2013, he was posted as constable at PS Crime Branch, Prashant Vihar Delhi. On that day, HC Shailender received an information that one person namely Vijay Singh @ Kake, who was declared P.O by court of Sh. Sunil Kumar Sharma, Ld. MM, Tis Hazari Court, would come near State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 31 of 38 Shivaji College. He alongwith HC Shailender, Ct. Anand, Ct. Praveen and secret informer went to Shivaji College in a private car. They reached at about 8.30 a.m. and trapped a net. At about 9.20 a.m. at the instance of secret informer, HC Shailender apprehended accused Vijay @ Kake. Accused was arrested vide arrest memo Ex.PW22/A and his personal search was conducted vide memo Ex.PW22/B both bearing his signatures. HC Shailender prepared kallandra in respect of arrest of accused Vijay @ Kake and informed police station Khayala regarding the arrest of accused.
65. PW24 Ct. Kaushal has stated that in the year 2013, he along with Inspector Yashpal came to Tis Hazari Court and accused Vijay @ Kake was produced before Ld. MM of P.S. Khyala. IO arrested the accused vide arrest memo Ex.PW21/D and took his personal search vide memo Ex.PW21/E, both bearing his signatures. Accused made his disclosure statement Ex.PW21/F bearing his signatures. One day police custody remand of accused was taken. The medical examination of accused was got conducted at GGS Hospital, Raghubir State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 32 of 38 Nagar. Thereafter accused took them to spot, where he pointed out the place of incident vide memo Ex.PW21/G bearing his signatures. The accused disclosed about the throwing of knife in drain but the said knife could not be recovered. Thereafter accused was lodged in the lockup at PS Rajouri Garden. IO recorded his statement.
66. Statements of accused persons u/s 313 Cr.P.C were recorded, wherein they have denied the case of prosecution and also denied to lead defence evidence.
67. I have heard Ms. Suchitra Singh Chauhan, Ld. Addl. PP for State and, Ld. Counsels for accused persons and gone through the record of this case.
68. This case was registered on the statement of one Vikas Singh dated 27/10/2011 u/s 302/307/34 of IPC. In the said statement, the name of the assailants were given as Vijay Singh @ Kake, Arun @ Pradhan, Montu @ Neeraj Kumar. Said ViKas Singh had taken the injured Neeraj @ Nonu to his house and from there, he alongwith sister in law of injured had taken the injured to DDU Hospital in a private vehicle. According to rukka Ex PW8/B, patient was unfit for statement. However, according to the MLC Ex PW13/A, the alleged State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 33 of 38 history of physical assault was given by patient. Thereafter, statement of patient could not be recorded, as he succumbed to his injuries.
69. During investigation, only two of the accused persons namely Neeraj @ Montu and Arun @ Pardhan were arrested and accused Vijay @ Kake was declared P.O on 17/08/2012 by the court of Ld. MM and later on, he was arrested on 06/02/2013 u/s 41.1 Cr.P.C.
70. Charge u/s 302/34 were framed against the accused Neeraj @ Montu and Arun Pradhan separately, to which they pleaded not guilty. Charge u/s 302/34 IPC and u/s 174 A of IPC was framed against the accused Vijay @ Kake, to which he also pleaded not guilty and claimed trial.
71. To prove the offences alleged against the accused, Sh. Vikas Singh has been examined as PW2. He has not supported the case of prosecution. He has stated that from DDU Hospital, he was brought by police officials at PS Khyala. Police officials obtained his signatures and nothing was written on the said document. He had not seen the occurrence, hence he could not say as to who caused injuries on the person of Neeraj @ Nonu. He reached at the spot later on and at that time, injured was alone.
72. PW2 has been cross examined by ld. Addl. PP for State, State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 34 of 38 wherein also he has not supported the case of prosecution. In the cross examination, he has failed to identify accused Neeraj @ Montu and Arun @ Pardhan as the same who had caused injuries on the person of Neeraj @ Nonu by using knife alongwith accused Vijay Singh @ Kake. PW2 in the cross examination has also denied that he joined the investigation alongwith police officials and pointed out accused Neeraj @ Montu and police officials apprehended accused Neeraj @ Montu in his presence.
73. PW2 has been again examined after arrest of accused Vijay @ Kake as P.O. Again, he has deposed the same facts, as deposed previously and has not supported the case of prosecution and has also failed to identify accused persons during cross examination by ld. Addl. PP for State.
74. On the other hand, PW8 SI Hansraj has stated that when he reached in the hospital on call, one eye witness namely Vikas Singh met him. He enquired from him and recorded his statement, which is Ex PW2/B. He made endorsement on the same as Ex PW8/B and got registered the case. So, testimony of PW2 and PW8 are contradictory to each other.
75. PW11 Ms. Sujata has stated only about the fact that she was informed by Vikas Singh that Neeraj @ Nonu is lying in an injured State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 35 of 38 condition at the spot. Thereafter she reached there with him and found Neeraj @ Nonu lying unconscious and in injured condition there. So both of them removed Neeraj @ Nonu to DDU Hospital for his treatment. She had also been cross examined by Ld. Addl. PP for State on the fact that she had not gone to the spot but Vikas had come TO her house with Neeraj @ Nonu, which she has admitted to be correct.
76. To prove offence u/s 174 A of IPC against accused Vijay @ Kake, prosecution has examined PW22 ASI Shailender Singh and PW23 HC Salimuddin.
77. PW22 has stated that on 06/02/2013, he was posted as head constable at PS Crime Branch, Prashant Vihar Delhi. On that day, he received an information that one person namely Vijay Singh @ Kake, who was declared P.O by court of Sh. Sunil Kumar Sharma, Ld. MM, Tis Hazari Court, would come near Shivaji College. He alongwith Ct Salimuddin, Ct Anand, Ct Praveen and secret informer went to Shivaji College in a private car. They reached there at about 8.30 am and trapped a net. At about 9.20 am, at the instance of secret informer, he apprehended accused Vijay @ Kake. He interrogated him and arrested him vide arrest memo Ex PW22/A and his personal search was conducted vide memo Ex.PW22/B and both bearing his signatures. He produced the accused before Ld. MM and thereafter he returned to State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 36 of 38 his office at Prashant Vihar and recorded DD No. 12 Ex.PW22/C regarding the arrest of accused. Later on, he prepared Kallandra u/s 41.1 ( c ) Cr.P.C Ex.PW22/D. He informed police station Khayala regarding the arrest of accused. On the same day, accused Vijay @ Kake was produced before Ld. MM of PS Khyala.
78. PW23 has stated that on 06/02/2013, he was posted as constable at PS Crime Branch, Prashant Vihar Delhi. On that day, HC Shailender received an information that one person namely Vijay Singh @ Kake, who was declared P.O by court of Sh. Sunil Kumar Sharma, Ld. MM, Tis Hazari Court, would come near Shivaji College. He alongwith HC Shailender, Ct. Anand, Ct. Praveen and secret informer went to Shivaji College in a private car. They reached at about 8.30 a.m. and trapped a net. At about 9.20 a.m. at the instance of secret informer, HC Shailender apprehended accused Vijay @ Kake. Accused was arrested vide arrest memo Ex.PW22/A and his personal search was conducted vide memo Ex.PW22/B both bearing his signatures. HC Shailender prepared kallandra in respect of arrest of accused Vijay @ Kake and informed police station Khayala regarding the arrest of accused.
79. PW22 has been cross examined by ld. Counsel for accused Vijay @ Kake, in which it was suggested that accused himself surrendered in the police station when he came to know about State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 37 of 38 registration of FIR in the present case at PS Khyala but the same has been denied.
80. PW23 has also been cross examined on behalf of accused Vijay @ Kake at length and again the same suggestion has been given that accused himself surrendered before the police station Khyala. PW23 has also denied this suggestion.
81. Accused Vijay @ Kake has not challenged the proceeding vide which he was declared proclaimed offender. Both the witnesses PW22 and PW23 are related to arrest of accused Vijay @ Kake of P.O only but previous proceedings have not been challenged. Nothing came out from the cross examination of these witnesses to disbelieve that accused Vijay @ Kake was not arrested in the manner, as deposed by them as proclaimed offender.
82. In view of above discussion, as the sole eyewitness Vikas has not supported the case of the prosecution about the identity of all the three accused persons as the same assailants, who had caused injury to Neeraj @ Nonu. So, prosecution has not been able to prove offence U/Sec.302/34 IPC against all the three accused persons for which all the three accused persons are acquitted.
83. In view of above discussion, from deposition of PW22 and State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala Page 38 of 38 PW23, prosecution has been able to prove the offence U/Sec.174A of IPC against the accused Vijay @ Kake. Accordingly, he is held guilty for the same and convicted for offence U/Sec.174A of IPC. (Announced in open Court on 03.12.2018) (Virender Kumar Goyal) ASJ04, West District, Tis Hazari Court, Delhi State Vs. Neeraj @ Montu etc FIR No. 265/11 PS Khyala