Delhi District Court
State vs Taran Singh on 20 February, 2026
IN THE COURT OF SH. VISHAL SINGH, ADDITIONAL
SESSIONS JUDGE-05: SOUTH-EAST DISTRICT,
SAKET COURTS, NEW DELHI.
CNR NO. DLSE01-010683-2019
SC No. 575/2019
STATE Vs. TARAN SINGH & ORS.
FIR No. 307/2019
U/s. 307/34 IPC & SEC. 25 & 27 ARMS ACT
PS: GOVIND PURI
JUDGMENT
1. Sr. No. of the case : 575/2019.
2. Date of Committal to Sessions : 16.12.2019.
3. Name of the complainant : SI Devender Singh.
4. Date of Commission of Offence : 12.09.2019.
5. Name and Parentage of Accused : (i) Taran Singh
S/o. Sh. Bhupender Singh
R/o. H. No. 6, Gali No.22,
Balmiki Colony, TKD
Village, New Delhi.
: (ii) Varun Bakshi
S/o. Sh. Om Prakash Bakshi
R/o. H. No. 1385/13, 1st Floor,
Govind Puri, New Delhi.
: (ii) Ganesh @ Kunal @ Nepali
S/o. Sh. Ram Bahadur
R/o. B-12, Lajpat Nagar-IV,
New Delhi.
: Also at: B-181, Sharupa
Mohalla, East of Kailash,
New Delhi..
6. Offence Complained of : U/s. 307/34 IPC & Section
25 & 27 Arms Act.
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State Vs. Taran Singh & Ors. PS : Govind Puri Page No.1 of 32
7. Offence Charged : U/s. 307/34 IPC.
8. Plea of Guilt : Not guilty.
9. Final Order : Acquitted U/s. 307/34 IPC.
: Convicted U/s. 308/34 IPC.
10.Date on which Order Reserved : 09.02.2026.
11.Date on which Order Announced : 20.02.2026.
BRIEF FACTS AND REASONS FOR DECISION:
1. The prosecution case against accused Taran Singh, Varun Bakshi and Ganesh @ Kunal @ Nepali is that on 12/09/2019, at about 09:00PM, at Balmiki Colony Road, Bengali Colony, near Sai Mandir, Tuglakabad Village, New Delhi, all of them in furtherance of their common intention, caused multiple grievous stab injuries on back, neck, chest, right knee, hand and abdomen of victim Prem Kumar Haldhar with knife. Accused Taran Singh was arrested on 13/09/2019 and the knife used to commit offence was recovered at his instance, whereas, accused Varun Bakshi was arrested on 10/11/2019. The FIR was registered on the basis of GD No.146A dated 12/09/2019 against the accused persons for offence U/s. 307/34 IPC.
Accused Ganesh @ Kunal @ Nepali was arrested on 02/07/2020 and the supplementary charge-sheet was filed against him.
2. Detailed arguments on charge were heard from Ld. Defence Counsels for the accused persons as well as Ld. Addl. PP for State. Vide orders dated 05/03/2020 and 02/07/2022 respectively, accused Taran Singh, Varun Bakdhi and Ganesh @ SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.2 of 32 Kunal @ Nepali were charged for offence U/s. 307/34 IPC, to which they pleaded not guilty and preferred trial.
3. The prosecution led evidence and examined 11 witnesses to bring home the charged offence against the accused persons.
4.(i) PW1/victim Prem Kumar Haldhar deposed that on 30/07/2019 his sister Rimmi went to roam alongwith Priyanshi, sister of accused Taran, on which Taran's mother started quarreling and abusing him and his mother in gali as Priyanshi went out without prior permission of her mother. He deposed that on 02/08/2019 when he alongwith his sister and mother went to house of Priyanshi and asked her mother why she quarreled on 30/07/2019 in front of their house, the family members of Priyanshi started beating them with stick due to which his sister sustained injuries. However, the matter got sort out on that day with the help of neighbours. He deposed that on 12/09/2019, at about 09:00PM, when he was sitting in front of Sai Mandir, Balmiki Colony Road, accused Taran, Ganesh and Varun came there. Accused Ganesh caught hold of him from behind and accused Taran inflicted multiple knife blows on his body parts i.e. chest, back, abdomen, hand and leg. He deposed that while trying to save himself from assault, the knife held by accused Taran fell down from his hand, however, accused Varun picked up the knife and handed it over to Taran, who then stabbed him in his neck with knife. He deposed that, thereafter, he fell down and the public persons gathered at the spot, on which all three accused persons ran away from there. He deposed that public persons rushed him to Majidia Hospital in an auto-rickshaw. He deposed that his mother came to Majidia Hospital, from where he SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.3 of 32 was referred to AIIMS Trauma Centre, where police recorded his statement. He deposed that accused Taran gave him knife blows, whereas, the other accused persons had helped him. He deposed that the present incident occurred due to past quarrels dated 30/07/2019 and 02/08/2019. He deposed that the weapon of offence i.e. knife that accused persons used to commit the offence, was a button operated knife. He identified the knife Ex. P-1 as the same that was used by accused persons at the time of incident. He stated that accused Varun did not assault him at the time of incident. Since PW1 did not disclose complete facts of the case, he was cross-examined by Ld. Addl. PP.
4.(ii) In cross-examination by Ld. Addl. PP, PW1 admitted that accused Varun picked up the knife after it fell down from hands of accused Taran and gave repeated knife blows on his body that resulted in bleeding from his wounds, on which accused Ganesh released him and he fell down on the ground. He admitted that after he fell down on ground, accused Taran took the knife from accused Varun and tried to cut his neck. He voluntarily stated that he also sustained injury mark on his neck at that time. He denied the suggestion that accused Ganesh caught hold of him from his front side. He admitted that due to lapse of time, he could not tell the whole facts of the incident in respect of accused Varun.
4.(iii) In cross-examination by Ld. Defence Counsels, PW1 admitted that he and accused Taran Singh were residents of same locality and there was a distance of 03 gali (streets) between their houses. He admitted that mother of accused Taran had filed a police complaint against him in year 2018, regarding teasing of SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.4 of 32 her daughter, however, he did not know if there were allegations of enticing her in that complaint. He denied that on 30/07/2019 his sister called Priyanshi (Taran's sister) at his request and he misbehaved with Priyanshi. He denied that on coming to know that Priyanshi's mother was going to file complaint against him, he alongwith his mother and sister, apologized her on 02/08/2019. He denied the suggestion that after coming to know about his misbehavour, a quarrel took place between him and his fiancee because of which he became angry. He admitted that his mother accompanied him to AIIMS Trauma Centre, from Majidia Hospital, however, he did not know if she called at 100 number. He admitted that FIR No. 75/2020 (supra) was registered against him on complaint of mother of accused Taran. He admitted that the spot of incident was a public place, however, nobody from public came to rescue him. He denied the suggestion that neither were accused Taran and Varun present at the spot at the time of incident, nor did they give knife blows on his body. He denied the suggestion that accused Varun did not pick up and hand over the knife to accused Taran, after it fell on ground from Taran's hand. He denied the suggestion that he falsely implicated accused Taran due to past incidents as well as accused Varun, being friend of Taran. He denied the suggestion that he identified the knife at the instance of IO.
4.(iv) PW1 replied that neither did he know accused Ganesh nor did ever meet him prior to the incident. He replied that he was sitting at a tea shop when accused Ganesh caught hold of him from back side. He replied that there were two more persons namely Shanu and Kallu, who were known to him, at the tea SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.5 of 32 shop, however, out of fear, they fled from the spot at the time of incident. He replied that he did not know if IO cited them as witnesses. He replied that he did tell their names to the IO. He replied that accused Ganesh only caught hold of him but did not give any knife blow. He replied that the knife was not seized in his presence. He denied the suggestion that the IO showed him photographs of accused Ganesh and asked him to identity Ganesh as one of the accused, being friend of other co-accused. He denied the suggestion that accused Ganesh was not present at the spot at the time of incident, neither did he hold him from behind and he falsely implicated him at the instance of IO. He denied the suggestion that it was Mukhtiyar, who had assaulted him, however, his name was removed from the case later on and the name of Ganesh was added falsely.
5. PW2 Ajit, a public witness, deposed that on 12/09/2019, at about 09:00PM, when he was present at the building material shop situated in Gali No.17, near Sai Mandir, Balmiki Colony, Tughlakabad, New Delhi, where he was employed, one lady Rita came to him and told about the commotion outside Sai Mandir. He alongwith Rita reached Sai Mandir but found nobody there and came to know that somebody, who lived in gali No.17 near Talab, was stabbed with knife and was rushed to hospital. He deposed that he did not know the name of injured, neither did he know by whom he was stabbed. He deposed that he did know any person by the name of Prem. He deposed that he did not know accused Taran Singh. Since PW2 resiled from his previous statement recorded U/s. 161 CrPC, he was cross examined by Ld. Addl. PP.
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In cross-examination by Ld. Addl. PP, PW2 denied the suggestion that in his statement recorded U/s. 161 CrPC, he stated to police that when he alongwith Rita reached the spot, he saw that accused Taran Singh was having blood stained knife in his hand and was trying to cut the neck of injured Prem, who was lying on ground. He denied the suggestion that accused Taran gave multiple knife blows to injured Prem. He denied that two other persons were also present at the spot alongwith accused Taran and when public persons gathered at the spot, they all fled from there. He denied the suggestion that the injured was rushed to hospital in an auto, with the help of public persons. PW2 was confronted with his statement recorded U/s. 161 CrPC Ex. PW2/DX1, wherein it was so recorded from point 'A' to 'A1'. Ld. Addl. pointed out towards accused Taran Singh, Varun Bakshi & Ganesh and asked PW2 if they were the same offenders who caused injuries to victim Prem with knife, to which PW2 stated that he could not identify the accused persons, neither did he see them at the spot. He denied the suggestion that the accused persons won him over, therefore, he deliberately did not identify them and deposed in their favour.
6.(i) PW3 SI Devender Singh deposed that in the intervening night of 12-13/09/2019 he was posted at PS Govind Puri and at about 09:56PM, on receipt of GD No.146A regarding stabbing with knife, he alongwith HC Harun reached the spot i.e. Balmiki Mohalla Road, near Sai Mandir, Tuglakabad Village, where they found no person, however, blood was spilled over there. He deposed that he called the crime team at the spot and, thereafter, made a call to the caller who dialed 100 number. He deposed that SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.7 of 32 the caller told him that they had rushed the injured to Majidia Hospital, on which they reached the said hospital but the injured was already found referred to AIIMS Trauma Centre. He deposed that the MLC of injured was prepared at Majidia Hospital at that time. He deposed that, thereafter, they reached AIIMS Trauma Centre, from where he collected MLC of injured Prem Kumar Haldhar, however, the injured was not fit to give statement. He deposed that he met caller Smt. Mannati, mother of injured, who, on inquiry, told him that accused Taran, Varun and Ganesh had stabbed her son Prem Kumar Haldhar due to old rivalry. He deposed that, thereafter, they came back to the spot, where he prepared tehrir on the basis of GD No.146A Ex. PW3/A and got the FIR registered at police station through HC Harun. He deposed that he recorded statement of two eye- witnesses Ajit and Rita Mandal at the spot. He deposed that the crime team reached the spot, inspected it, lifted blood stained earth as well as earth control from there and handed them over to him, and the same were seized by him vide seizure memo Ex. PW3/B. Crime team photographed the spot. He deposed that he also clicked photographs of the spot by his mobile phone and recorded statement of Smt. Mannati.
6.(ii) PW3 deposed that, thereafter, while searching for the offenders, they apprehended accused Taran Singh from Gali No.5, Govind Puri and brought him to police station, where he, after interrogation, arrested him vide arrest memo Ex. PW3/C, conducted his personal search vide memo Ex. PW3/D and recorded his disclosure statement Ex. PW3/E, wherein he confessed his guilt stating that he could get the knife that he used SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.8 of 32 in commission of offence recovered. Thereafter, accused Taran led them to Balmiki Colony Road, near boundary of Tuglakabad Village, and got a button operated knife having blood stains recovered from the bushes there. He deposed that he prepared sketch Ex. PW3/F of the recovered knife and seized it vide seizure memo Ex. PW3/G. He deposed that from near the place of recovery of knife, accused Taran also got recovered a blood stained capri (half pant), that he wore at the time of commission of offence, and he seized the capri (half pant) vide seizure memo Ex. PW3/H. He deposed that, thereafter, accused Taran led them to place of incident, where he prepared pointing out memo Ex. PW3/I, at his instance. He deposed that he deposited the case property in Malkhana of police station.
6.(iii) PW3 deposed that, during investigation, he tried to search accused Varun and Ganesh and, thereafter, obtained NBWs against them, and, later on, process U/s. 82 CrPC was issued against accused Varun. He deposed that on 10/11/2019 accused Varun was arrested in another case FIR No. 363/2019, PS Govind Puri, on which he interrogated and arrested him in this case vide arrest memo Ex. PW3/J and recorded his disclosure statement. He deposed that, thereafter, accused Varun led them to place of incident, where he prepared pointing out memo Ex. PW3/K, at his instance. He deposed that, during investigation, he obtained MLC of victim Prem Kumar Haldhar as well as accused Taran Singh and Varun Bakshi, sent the case property to FSL, prepared site plan Ex. PW3/L of the spot, site plan Ex. PW3/M of place of recovery of knife, obtained clothes of victim alongwith sample seal from AIIMS Trauma Centre and seized them vide SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.9 of 32 seizure memo Ex. PW3/M1, obtained blood sample of victim alongwith sample seal from AIIMS and seized them vide seizure memo Ex. PW3/M2, and, on completion of investigation, filed the charge-sheet in Court. He deposed that on 02/07/2020 he arrested accused Ganesh @ Kunal @ Nepali from Karamvir Dairy, Tughlakabad Extension, vide memo Ex. PW3/N and conducted his personal search vide memo Ex. PW3/O. He deposed that, on interrogation, accused Ganesh led them to place of incident, where he prepared pointing out memo Ex. PW3/P, at his instance. He deposed that, during investigation, he moved application for conducting judicial TIP of accused Ganesh, however, he refused to participate in TIP proceedings. Thereafter, he obtained FSL result and filed the same alongwith supplementary charge-sheet.
6.(iv) PW3 identified 11 photographs Ex. A-7 (Colly.) of place of incident and the injured, knife Ex. P-1 as the same that was recovered at the instance of accused Taran Singh, capri (half pant) Ex. P-2 as that of accused Taran Singh that he seized during investigation, half pant (nikkar) Ex. P-3 as that of victim Prem Kumar Haldhar that was handed over to him by officials of AIIMS Trauma Centre, earth control having brown stains Ex. P-4 & earth control Ex. P-5, that were lifted from the spot and blood sample Ex. P-6 as the same that was handed over to him by officials of AIIMS.
6.(v) In cross-examination by Ld. LAC for accused Varun Bakshi, PW3 admitted that the caller i.e. mother of victim, did not disclose the name of accused persons in GD No. 146A. He denied the suggestion that he made no inquiry from Rita Mandal SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.10 of 32 about the incident as no such incident had occurred. He admitted that nothing was recovered from accused Varun Bakshi.
6.(vi) In cross-examination by Ld. Counsel for accused Ganesh, PW3 replied that he recorded the statement of injured Prem Kumar Haldhar on 13/09/2019, at about 05:00 - 06:00PM, whereas, the statement of witnesses Ajit and Rita Mandal was recorded on 13/09/2019, prior to statement of victim. He replied that the statement of mother of victim was recorded on 13/09/2019, before 12:00 PM. He admitted that in her statement recorded U/s. 161 CrPC, mother of injured disclosed the name of one Mukhtiyar, however, he falsely implicated accused Ganesh in present case. He denied the suggestion that accused Ganesh was arrested from his house.
6.(vii) In cross-examination by Ld. Counsel for accused Taran Singh, PW3 replied that no CCTV camera was found installed at the spot. He replied that he recorded the statement of victim at AIIMS Trauma Centre on 13/09/2019. He admitted that in her statement recorded U/s. 161 CrPc, mother of victim had disclosed the name of one Mukhtiyar. He denied the suggestion that accused Taran was not arrested from Govind Puri and was called at police station. He denied the suggestion that nothing was recovered from possession of accused Taran and the alleged recovered knife and capri (half pant) were planted on him.
6.(viii) PW3 denied the suggestion that the complainant did not disclose name of any accused and he falsely implicated accused Varun Bakshi and Ganesh @ Kunal @ Nepali as they were already in police custody in some other case, whereas, accused SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.11 of 32 Taran was falsely implicated at the instance of complainant. He denied that he obtained signatures of all the accused persons on blank papers and later converted them into incriminating evidence against them.
7. PW4 Rita Mandal, examined as eye-witness to the incident, deposed that she did not remember the date, however, it was in year 2019, at about 09:00PM, when, on hearing commotion outside her home, she came out and saw that verbal arguments were going on behind Sai Mandir, between victim Prem Kumar Haldhar and accused Taran Singh and there were many public persons apart from them. She deposed that she returned to her home during their arguments and did not know what happened thereafter. Since PW4 resiled from her statement recorded U/s. 161 CrPC, she was cross-examined by Ld. Addl. PP.
In cross-examination by Ld. Addl. PP, PW4 replied that she did not know the month of incident, neither did she remember if the incident occurred on 12/09/2019. She denied that on hearing commotion outside her home, she alongwith one Ajit, who used to work at a nearby shop, went to the place of incident. She voluntarily stated that Ajit came to the spot later on. She denied the suggestion that in her statement recorded U/s. 161 CrPC, she stated to police that she alongwith Ajit went to the spot. She denied the suggestion that accused Taran was holding knife when she reached the spot. She voluntarily stated that she did not see if he was holding knife. She denied the suggestion that accused Taran gave multiple knife blows to injured Prem Kumar Haldhar and was trying to cut his neck. She denied the SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.12 of 32 suggestion that she saw accused Varun and Ganesh alongwith accused Taran at the spot, who were also involved in commission of offence. She replied that she had no visiting terms with accused Taran Singh. She denied the suggestion that accused Taran won her over, therefore, she deposed in his favour. Ld. Addl. PP pointed out towards accused Varun Bakshi and Ganesh and asked PW4 if they were present at the spot at the time of incident, to which PW4 stated that she did not see them at the spot. She denied the suggestion that accused Varun and Ganesh were present at the spot and she deliberately did not identify them.
8. PW5 Smt. Minnati, mother of injured, deposed that on 30/07/2019 her daughter Rimmi alongwith her friend Priyanshi had gone somewhere, without informing her or to Priyanshi's parents, to inquire which Priyanshi's mother came to her home in evening. She deposed that on 02/08/2019 when Rimmi went to house of Priyanshi to pacify the matter, she was battered by Priyanshi's mother and other family members. She deposed that on coming to know about the said act of battering her daughter, she alongwith her son went to house of Priyanshi and found her daughter Rimmi there in unconscious state, on which a fight took place between them and the family of Priyanshi. She deposed that, thereafter, they rushed Rimmi to an unknown hospital for treatment and also reported the matter to police by calling at 100 number. She deposed that on coming to know that Priyanshi's parents had also reported the matter to police, they compromised the matter.
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PW5 deposed that on 12/09/2019, at about 08:45PM - 09:00PM, children of the gali told her that her son had been stabbed, on which she went to Sai Baba Mandir and saw that the public persons were rushing her son to an auto. She deposed that she saw several stab injuries on body of her son and took him to Majidia Hospital in an auto, where the doctors charged high amount for treatment, therefore, she rushed her son to some other hospital, name of which she did not remember. She deposed that while being rushed to hospital, her son told her that brother of Priyanshi alongwith other persons had stabbed him for revenge of earlier matter that occurred between them and Priyanshi's parents. She deposed that her son told that he was stabbed by accused Taran, Varun and Ganesh. She identified accused Taran in Court, as brother of Priyanshi. She identified accused Ganesh stating that he was roaming with accused Taran and she saw him in the same locality. He deposed that she did not know accused Varun.
In cross-examination by Ld. Defence Counsels, PW5 admitted that when she reached the spot, none of the accused persons was present there. She replied that the public persons present at the spot disclosed the name of accused persons, who had stabbed her son. She admitted that she only stated to police whatever her son told to her while being rushed to hospital. She replied that she did not know the persons who disclosed the name of accused persons at the spot. She denied the suggestion that her son Prem did not disclose the name of accused persons. She denied the suggestion that her son was stabbed by some other persons and her son deliberately implicated the accused persons SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.14 of 32 in present case due to previous enmity. She admitted that she did not see accused Taran beating her son Prem, even prior to the incident.
9. PW6 Constable Satyapal Singh deposed that on 17/10/2019, at the instruction of IO SI Devender, he visited AIIMS Hospital and collected one sealed envelope containing blood sample of injured Prem Kumar alongwith sample seal from the concerned doctor. Thereafter, he returned to police station and handed over the same to IO, who seized them vide seizure memo Ex. PW3/M2.
In cross-examination by Ld. Defence Counsels, PW6 replied that he did not remember how many pullandas were given to him by the doctors. He denied the suggestion that he did not receive any blood sample and sample seal from AIIMS Hospital, and deposed falsely.
10. PW7 Constable Akash deposed that on 09/10/2019 he was posted at Police Post, AIIMS Trauma Centre as Duty Constable and, on that day, he obtained one cloth pullanda containing clothes of injured alongwith sample seal from Emergency Department, AIIMS Trauma Centre and handed over the same to IO SI Devender Singh.
In cross-examination by Ld. Defence Counsels, PW7 denied the suggestion that neither did he receive any cloth parcel from AIIMS Trauma Centre, nor handed it over to the IO on 09/10/2019.
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11. PW8 HC Sanjay Kumar deposed that on 10/11/2019 accused Varun Bakshi was arrested in another case FIR No. 363/2019, PS Govind Puri. He deposed that since accused Varun Bakshi was wanted in present case too, he was interrogated by IO SI Devender Singh. He deposed that, thereafter, accused Varun led them to place of incident i.e. Balmiki Mohalla (supra), where IO prepared pointing out memo at his instance, arrested him in present case and recorded his disclosure statement Ex. PW8/A. In cross-examination by Ld. Defence Counsels, PW8 denied the suggestion that accused Varun never led them to place of incident, neither was any pointing out memo prepared at his instance.
12. PW9 HC Ram Narayan deposed about apprehension of accused Varun Bakshi by Constable Daljeet at RD Marg, Gali No.8, Govind Puri, on 19/11/2019, recovery of one button operated knife from his possession, on which FIR No. 363/2019, U/s. 25 Arms Act was registered against him. He deposed that, during interrogation, accused Varun disclosed his involvement alongwith accused Taran Singh and Ganesh in present case of assaulting victim Prem Kumar Haldhar. He deposed that he informed IO SI Devender of present case about arrest of accused Varun and handed the requisite documents of case FIR No. 363/2019 to him.
13. PW10 HC Harun Khan deposed that in the intervening night of 12-13/09/2019, at about 10:00PM, on receipt of PCR call through GD No.146A regarding stabbing, he alongwith IO SI Devender reached the spot i.e. Balmiki Mohalla Road (supra), SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.16 of 32 where they came to know that the injured was already rushed to Majidia Hospital. They spotted blood spilled on the spot but met no eye-witness to the incident there and the IO photographed the spot from his mobile phone. He deposed that after IO talked to PCR caller, they reached Majidia Hospital, where they came to know that after providing initial treatment, the injured was referred to AIIMS Trauma Centre. Thereafter, they reached AIIMS Truama Centre and found injured Prem Kumar Haldhar under treatment there. In hospital, they met Smt. Minnati, mother of injured, who told them that due to previous enmity, accused Tarun and Varun alongwith some other persons had attacked her son with a knife. He deposed that after collecting MLCs of injured Prem Kumar Haldhar from AIIMS Trauma Centre as well as Majidia Hospital respectively by IO, they returned to the spot, where IO prepared rukka on the basis of GD No.146A and got the present case registered at police station through Duty Officer. On being asked leading question by Ld. Addl. PP, PW10 admitted that mother of injured disclosed the name of one Mukhtiyar as the assailant. He replied that they came to know that after getting medical treatment, accused Taran and Varun had left the hospital.
In cross-examination by Ld. Defence Counsels, PW10 admitted that mother of injured disclosed the name of one Mukhtiyar, who was involved in the offence. He denied the suggestion that he never visited the spot as well as Majidia Hospital and AIIMS Hospital, and all the proceedings were conducted in police station. He replied that he did not know if caller of GD No. 146A was mother of injured. He admitted that SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.17 of 32 the place of incident was a residential area but no eye-witness was found at the spot. He replied that on inquiry mother of injured named one Mukhtiyar, Varun and Taran in causation of injuries to her son. He replied that IO checked but no CCTV camera was found installed at the spot.
14. PW11 ASI Ramraj deposed that on 12/09/2019 he was posted at PS Govind Puri as Duty Constable from 04:00PM to 12:00 midnight and, at about 09:56 PM, he received one PCR call through CPCR regarding stabbing, that he reduced in writing, prepared GD No.146A Ex. PW11/A and marked the same to SI Devender Singh.
15. Since all three accused, through their separate statement recorded U/s. 294 CrPC r/w Section 313 CrPC, on 18/11/2022 and 08/07/2025, admitted the genuineness of following documents, the requirement to prove them through concerned prosecution/public witnesses was obviated :-
i) Ex. A-1 : Registration of FIR alongwith Certificate U/s.
65B of Indian Evidence Act (Colly.);
ii) Ex. A-2 : MLC No. 500194537 dated 13/09/2019 at time 00:00:56 of injured Prem Kumar Haldhar of JPN Apex Trauma Centre, AIIMS;
iii) Ex. A-3 : MLC No. 669/19 dated 12/09/2019 at time 10:00PM of injured Prem Kumar Haldhar of HAH Centenary Hospital;
iv) Ex. A-4 : MLC dated 12/09/2019 of accused Varun Bakshi;
v) Ex. A-5 : MLC dated 12/09/2019 of accused Taran Singh;
vi) Ex. A-6 : Crime Scene Report No. 844/19 dated 13/09/2019;
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vii) Ex. A-7 : 11 Crime Scene Photographs (Colly.);
viii) Ex. A-8 : PCR Call Form dated 12/09/2019;
ix) Ex. A-9 : Copy of RC having Book No. 1771, Sl. No. 050;
x) Ex. A-10 : Acknowledgment dated 23/10/2019 at FSL;
xi) Ex. A-11 : FSL Report dated 19/12/2020; xii) Ex. A-12 : TIP proceedings dated 18/07/2020 of accused
Ganesh @ Kunal @ Nepli and GD Entry No.146A dated 12/09/2019;
xiii) Ex. A-13 : DD No.20A dated 13/09/2019; &
xv) Ex. A-14 : DAD Notification dated 29/10/1980 qua accused Taran Singh.
16.(i) All the incriminating evidence that came on record in the deposition of prosecution witnesses was put in detail to all three accused and their statements U/s. 313 CrPC were recorded separately. The accused persons denied all incriminating evidence and asserted that they were falsely implicated in the present case.
16.(ii) Accused Varun Bakshi asserted that there was prior enmity between accused Taran Singh and complainant/injured, therefore, being friend of accused Taran Singh, he was falsely implicated in this case by interested witnesses. Accused Ganesh @ Kunal @ Nepali asserted that in order to save the name of Mukhtiyar Singh, police arrested him from his house and falsely implicated him in this case.
16.(iii) Accused Taran Singh asserted that he was innocent and was falsely implicated by interested witnesses in this case. He stated that complainant/injured Prem Kumar Haldhar used to SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.19 of 32 follow and eve-tease his sister. He stated that the complainant sexually harassed his sister in year 2018 regarding which he lodged an FIR bearing No.75/2020 at PS Govind Puri against him. He stated that the complainant forced him and his family several times for marrying his sister and also threatened him after registration of aforesaid FIR. He asserted that at the time of incident he was not present at the spot and was falsely implicated by complainant in this case.
16.(iv) Accused Varun Bakshi did not avail of the opportunity to lead evidence in defence. However, accused Ganesh @ Kunal @ Nepali examined DW1 Hemraj, whereas, accused Taran Singh examined DW2 Smt. Anita Singh, in their defence.
17. DW1 Hemraj, deposed that on 02/07/2020 and 03/07/2020, at about 06:00PM, police visited their house to inquire about his brother Ganesh and when his father asked the reason for inquiry, the police officials told him that they would take Ganesh to police station for some inquiry purpose and would leave him thereafter. He deposed that he was on night duty at that time and came home in the morning. He deposed that when his brother did not come home in morning, he and his father went to police station, where police told to them that Ganesh had been sent to Tihar Jail.
In cross-examination by Ld. Addl. PP for State, DW1 replied that his brother Ganesh used to work in hotel sector, however, he did not know the details of work place where he was working on 02/07/2020. He admitted that he had no record that he made call at 112 to police control room regarding wrongful SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.20 of 32 detention of his brother. He replied that no written complaint was filed by his family to SHO or higher police officials regarding wrongful detention of his brother. He admitted that when police took his brother Ganesh, he was not at home. He denied the suggestion that Ganesh was arrested on 02/07/2020 at about 11:30PM, from near Karambir Dairy, Balmiki Colony Road, Tughlakabad Village Extension, for attempting to commit murder of victim Prem Kumar Haldhar.
18.(i) DW2 Smt. Anita Singh deposed that complainant Prem Kumar Haldhar had been assaulting and torturing her daughter since year 2018. She deposed that he used to stalk her daughter daily when she went to her school, and also threatened her daughter as well as her family with dire consequences by showing knife. She deposed that one day complainant threatened her daughter to throw acid on her when she was returning from school, resulting which she stopped going to school and started remaining at home. She deposed that due to said act of complainant, she and her son Taran Singh i.e. accused had filed a complaint at PS Govind Puri on 10/07/2018 Mark 'DW2/1'. However, even after filing of complaint, complainant used to visit in their gali and threatened her and her family. She deposed that due to threats and acts of complainant, her daughter also filed a complaint against him, on which FIR No.75/2020, U/s.354D/509/354/506/34 IPC, Mark 'DW2/2', was registered at PS Govind Puri on 13/03/2020.
18.(ii) DW2 deposed that in the night of 13/09/2019 police visited their house and, on being asked, she visited the police station, where police inquired from her about her son Taran SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.21 of 32 Singh. She deposed that, thereafter, she made a call to her son Taran Singh and asked him to come to PS Govind Puri, on which he came there and was illegally or without any information/notice arrested by police. She deposed that the complainant still threatened her and her family to withdraw the cases filed against him. She deposed that complainant falsely implicated her son in rivalry of the complaints/cases filed against him.
18.(iii) In cross-examination by Ld. Addl. PP, DW2 denied the suggestion that her son Taran had ill-will against complainant Prem Kumar Haldhar because of which on 12/09/2019, at about 09:00PM, her son alongwith co-accused persons inflicted knife blows on complainant, in front of Sai Mandir, Balmiki Colony Road. She denied the suggestion that police arrested her son Taran for attempting to commit murder of the complainant. She denied the suggestion that her son was arrested on 13/09/2019 from Gali No.5, Govind Puri, and, after arrest, he got recovered button operated knife that he used to commit the offence.
19. I have heard the detailed final arguments from both sides. The findings are as under:-
The Incident :
20. PW1/victim Prem Kumar Haldhar deposed about two previous incidents dated 30/07/2019 and 02/08/2019 of quarrel between his family and the family of accused Taran Singh, who were neighbours. He deposed that on 12/09/2019, at about 09:00PM, when he was sitting in front of Sai Mandir, Balmiki SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.22 of 32 Colony Road, accused Taran, Ganesh and Varun came there. Accused Ganesh caught hold of him from behind, whereas, accused Taran inflicted knife multiple blows on his chest, back, abdomen, hand and leg. He deposed that as he resisted the knife blows, the knife fell down from Taran's hand but accused Varun picked up the knife and handed it back to Taran, who then stabbed him in his neck with knife. He deposed that, thereafter, he fell down and the public persons gathered at the spot, on which all three accused persons ran away from there.
Prior enmity between the parties :
21. In cross-examination, PW1 admitted that mother of accused Taran had given a police complaint against him in year 2018 regarding teasing of her daughter Priyanshi. He denied that he had apologized to mother of Priyanshi on 02/08/2019 when he came to know that she was going to file police complaint against him. PW1 denied that accused Taran told about misbehaviour of PW1 to his fiance, who got angry and quarreled with PW1. He admitted that case FIR No. 75/2020, U/s. 354D/509/506/354/323 IPC & Section 8 POCSO Act was registered against him on complaint of mother of accused Taran.
Admittedly, there was prior enmity between the parties on the issue of victim Prem Kumar's alleged misbehaviour with sister of accused Taran over a long time.
Res gestae :
22. PW5 Smt. Minnati, mother of victim Prem Kumar Haldhar, deposed about two previous incidents dated 30/07/2019 SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.23 of 32 and 02/08/2019 of quarrel between her family and the family of accused Taran Singh, who were neighbours. She deposed that on 12/09/2019, at around 08:45PM - 09:00PM, she was informed by some neighbouring children that her son was stabbed and injured by someone. She rushed to Sai Baba Mandir and saw that public persons were shifting her injured son to an auto-rickshaw. She took her injured son in auto-rickshaw in Majidia Hospital, where the hospital official asked for high amount for treatment, therefore, she took her son to another hospital. While being taken to hospital, her son Prem Kumar told her that brother of Priyanshi i.e. accused Taran Singh, in order to take revenge, stabbed him with knife alongwith his associates Varun and Ganesh.
In cross-examination, PW5 admitted that when she reached the spot, the accused persons were not present there. She admitted that many public persons had gathered at the spot when she reached there. She stated that public persons present at the spot disclosed the name of accused persons who stabbed her son but she did not tell this fact in her statement given to police. She replied that she only stated to police whatever her son told her while being taking to hospital.
In cross-examination, PW1 Prem Kumar Haldhar admitted that his mother accompanied him from Majidia Hospital to AIIMS Trauma Centre.
In the MLC Ex. A-2, that was admitted by accused persons, the name of PW5 Minnati is mentioned as the relative accompanying patient Prem Kumar at JPN Apex Trauma Centre, SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.24 of 32 AIIMS, at the time of his admission in hospital in the intervening night of 12-13/09/2019, at around 12:00 midnight. At the time of admission in hospital, victim Prem Kumar was conscious and oriented.
In view of testimony of PW1 and PW5 as well as presence of PW5 recorded in MLC Ex. A-2, there is no scope for doubt that PW5 accompanied PW1 to hospital. There is also no reason to doubt the testimony of PW5 that her injured son disclosed to her the identity of assailants while being rushed to hospital. The disclosure of name of assailants by PW1 to PW5 at the time of being rushed to hospital, having occurred shortly after the incident, forms part of res gestae and is relevant as exception to hearsay evidence.
Hostile Witnesses :
23. PW2 Ajit did not support the prosecution case. He deposed that on 12/09/2019, at around 09:00PM, when he was present at this shop near Sai Mandir, Balmiki Colony, Tuglakabad, one lady named Rita came to him and told that there was a commotion outside Sai Mandir. When he and Rita reached there, he came to know that someone living in gali no.17 near Taalab was stabbed with knife and was rushed to hospital. He did not know the name of injured, neither knew who stabbed the injured. He stated that he did not witness the incident.
23.(ii) Similarly, PW4 Ms. Rita deposed that one day in year 2019 at about 09:00PM, she heard some commotion outside her house. She came out and saw that verbal arguments were going SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.25 of 32 on between Prem and accused Taran, who lived in her locality, behind Sai Mandir. Many persons were present there apart from Prem and accused Taran, but PW4 did not know them. She stated that she came back to her house while arguments were still going on between Prem and accused Taran and she did not know what happened thereafter.
PW2 and PW4 were cross-examined by Ld. Addl. PP but their cross-examination did not yield any answer favourable to prosecution case.
Discovery of Evidence :
24. PW3 SI Devender Singh deposed that after getting the crime scene inspected by crime team and after recording of statement of Smt. Minnati, who disclosed the name of accused persons, he alongwith HC Ramesh went in search of accused persons. On being arrested, accused Taran got recovered a button operated knife having blood stains from bushes near boundary of Tuglakabad Village on Balmiki Colony Road. He prepared outline sketch Ex. PW3/F of the recovered knife and seized it through memo Ex. PW3/G. Accused Taran also got recovered a blood stained capri (half pants) from near the place of recovery of knife, that he was wearing at the time of commission of offence. PW3 seized the capri through memo Ex. PW3/H. PW3 deposed that he obtained blood sample of injured Prem Kumar Haldhar from AIIMS and seized it through memo Ex. PW3/M2.
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Identification of weapon of offence :
25. PW1/victim Prem Kumar Haldhar identified the seized button operated knife Ex. P-1 produced by MHC(M) as the one used by accused Taran at the time of incident.
Forensic Evidence :
26. As per forensic report bearing No. SFSLDLH/10821/Bio/ 2460/19, Bio No. 2527/19 dated 19/12/2020 Ex. A-11, admitted by the accused persons, alleles from DNA profile generated from source of Ex. '4' (blood sample of injured Prem Kumar) were accounted in the DNA profile generated from source of Ex. '3' (shorts of injured Prem Kumar) and Ex. '5' (half pants of accused Taran). As per report, DNA could not be isolated from source of Ex. '1' (blood stained earth material) and Ex '6' (rusted knife with metallic handle) due to degradation / inhibition.
Evidently, the recovered half pants of accused Taran was found to be smeared with blood of injured Prem Kumar Haldhar.
Medical Evidence :
27. As per MLC Ex. A-2 (admitted by the accused persons U/s. 294 CrPC), prepared in JPN Apex Trauma Centre, AIIMS, on 13/09/2019 at 00:00:56, patient Prem Kumar Haldhar suffered multiple stab wounds on back, neck, lateral side of right chest wall, right knee, left hand & left arm and left side of abdomen. The injuries were caused by sharp weapon as well as blunt object, and were opined to be 'grievous' in nature. The medical evidence corroborated the version of PW1/victim Prem Kumar SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.27 of 32 Haldhar regarding the injuries caused to him.
Identification of accused Ganesh @ Kunal @ Nepali :
28.(i) Ld. Defence Counsel argued that accused Ganesh @ Kunal @ Nepali was neither present at the spot nor participated in the offence. He was arrested on 02/07/2020, around 10 months after the incident, on the basis of statement given by victim Prem Kumar Haldhar as an afterthought on 13/09/2019.
28.(ii) Ld. Addl. PP, on the other hand, argued that the incident occurred in the intervening night of 12-13/09/2019 and victim Prem Kumar Haldhar was badly injured due to stab injuries; he was not in fit condition to give statement. This fact is also reflected in MLC Ex. A-2 of victim Prem Kumar, as per which the victim was unfit to give statement at 03:00AM on 13/09/2019. His statement was recorded by the IO on 13/09/2019 when the treating doctor certified that patient was fit to give statement. Ld. Addl. PP argued that after his arrest, accused Ganesh refused to participate in judicial TIP proceedings conducted in Tihar Central Jail on 18/07/2020 on the stated ground that his photographs were taken at police station and the same might have been shown to the witness.
28.(iii) The Court accepts the arguments of Ld. Addl. PP that accused Ganesh assigned no reasonable ground to refuse to participate in judicial TIP. He was correctly identified as an offender by PW1/victim Prem Kumar Haldhar. There is no reason to believe that accused Ganesh was not present at the spot and did not participate in commission of the offence.
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Statement U/s. 313 CrPC :
29. In answer to incriminating evidence recorded against him U/s. 313 CrPC, accused Taran Singh asserted that he was innocent and was falsely implicated by interested witnesses in this case. He stated that complainant/injured Prem Kumar Haldhar used to follow and eve-tease his sister. He stated that the complainant sexually harassed his sister in year 2018 regarding which he lodged an FIR bearing No.75/2020 at PS Govind Puri against him. He stated that the complainant forced him and his family several times to allow his marriage with Taran's sister and also threatened him after registration of aforesaid FIR. He asserted that at the time of incident he was not present at the spot and was falsely implicated by complainant in this case. In their statement U/s. 313 CrPC, accused Ganesh and accused Varun stated that they were falsely implicated as they were Taran's friends.
Defence Evidence :
30. DW1 Hemraj, brother of accused Ganesh, did not depose anything about the incident. He merely deposed that on 2nd or 3rd July-2020, at about 06:00PM, police visited his house to inquire about his brother Ganesh. That night, Ganesh did not come home. Next morning, when DW1 alongwith his father went to police station, they came to know that his brother had been arrested and was sent to Tihar Jail. His testimony carries no probative value and is discarded from consideration.
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DW2 Anita Singh, mother of accused Taran Singh, deposed about her daughter being harassed by complainant Prem Kumar Haldhar since year 2018. She stated that in the night of 13/09/2019, police came to her house and asked her to visit the police station. On next morning, DW2 went to PS Govind Puri, and, on directions of police officials, she called her son Taran there. When accused Taran came to police station, the police officials arrested him without giving any information.
In cross-examination conducted by Ld. Addl. PP, DW2 denied that accused Taran was arrested by police on 13/09/2019 from Gali No.5, Govind Puri, for attempting to commit murder of complainant Prem Kumar Haldhar.
Ld. Addl. PP argued that DW2 was examined by accused Taran as an afterthought. DW2 never approached higher police officials or Court with allegations that her son Taran was wrongfully arrested by police. On the other hand, accused Taran was arrested on being specifically named as assailant by victim Prem Kumar Haldhar.
It is observed that DW2 Anita Singh did not state anything about the incident; she did not depose where accused Taran was present at alleged time of incident i.e. 13/09/2019, at around 09:00PM. She gave non-specific deposition that in the night of 13/09/2019 police came to her home and asked her to visit the police station. Her statement being too generalized and lacking in specifics, cannot be considered in defence of accused Taran, especially in view of specific allegations against him and discovery of vital evidence through him.
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Conclusion :
31. The testimonies of PW1 and PW5 are detailed, lucid and trustworthy and withstood the test of cross-examination. The occurrence of incident and identification of offenders does not become doubtful merely because two prosecution witnesses i.e. PW2 and PW4 did not support the prosecution case and stated that they did not witness the incident. Accused Taran Singh had the motive to assault and injure victim Prem Kumar Haldhar because of ongoing enmity with him.
32. As a result of observations and analysis, the prosecution has proved through evidence that on 12/09/2019, at about 09:00PM, in front of Sai Mandir, Balmiki Colony Road, accused Taran, Ganesh and Varun surrounded victim Prem Kumar Haldhar. Accused Ganesh caught hold of the victim from behind, whereas, accused Taran inflicted knife multiple blows on his chest, back, abdomen, hand and leg. When the victim resisted and the knife fell down from Taran's hand, accused Varun picked it up and handed it back to Taran, who then stabbed him in his neck with knife. The presence and active participation of all three accused persons in commission of offence in furtherance of their common intention has been proved by evidence.
From the evidence, however, it was not proved that accused persons intended to kill victim Prem Kumar Haldhar. The injuries caused to the victim were intentional and could likely cause his death. The circumstances were such that if death of victim Prem Kumar Haldhar had occurred because of stab injuries, the accused persons would have been guilty of culpable SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.31 of 32 homicide not amounting to murder. Therefore, accused Taran Singh, Varun Bakshi and Ganesh @ Kunal @ Nepali are convicted for offence U/s. 308/34 IPC and are acquitted of the charge U/s. 307/34 IPC.
Announced in the open court dated: 20.02.2026 (VISHAL SINGH) ADDL. SESSIONS JUDGE-05, SOUTH-EAST, SAKET COURTS, NEW DELHI SC No. 575/2019 FIR No. 307/2019 State Vs. Taran Singh & Ors. PS : Govind Puri Page No.32 of 32