Delhi District Court
State vs 1. Ashu on 4 October, 2018
IN THE COURT OF
Dr. SATINDER KUMAR GAUTAM : ADDL. SESSIONS JUDGE-03 :
EAST DISTRICT : KARKARDOOMA COURTS : DELHI.
S.C. No.: 393/2017
State Versus 1. Ashu
S/o Sh. Manoj Kumar
R/o H. No. 28/3. Gali No.2,
Main Road, Mndawali,
Delhi.
2. Amit
S/o Sh. Rohtash Singh
R/o A-270, West Vinod Nagar,
Delhi.
3. Manoj
S/o Sh. Rajbir
R/o Village Daya Nagar
PS Jarcha,
Distt Gutam Budh Nagar, UP
4. Shyamvir
S/o Sh. Gopi Chand
R/o Village Raj Rampur,
PS Secundrabad,
Distt. Bullandshahar, UP
FIR No. : 110/2018
Under Section : 308/336/324/427/34 IPC
Police Station : Mandawali
Chargesheet Filed On : 02.07.2018
& 27.08.2018
Chargesheet Allocated On : 06.07.2018
& 06.09.2018
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Judgment Reserved On : 28.09.2018
Judgment Announced On : 04.10.2018
Corum: Sh. A.K. Mishra, ld. Addl. PP for the State
Sh. Ravi Joshi, ld. counsel for accused Ashu
Sh. Vivek, ld. counsel for accused Amit
Sh. Jitender, ld. counsel for accused Manoj; and
Sh. Vikam, ld. counsel for accused Shyamvir
JUDGMENT
1. Police machinery set in motion on receipt of DD No. 33-A dated 14.04.2018 and reached the spot where Sh. Vijay Gupta, complainant, met him and got recorded his statement interalia alleging therein that on that date at about 7.30 p.m. one customer came to his Bal Gopal dhaba and got the food items packed and then asked for 50% discount but the complainant refused for the same. On it, he started abusing him and when the complainant objected to the same, he left the dhaba after warning to him that he would come and teach him a lesson. Then, complainant busy with his work and thereafter about 20-25 minutes of the same, said person again came his dhaba with 3-4 his associates and then started damage to the articles lying there like chairs, stool, showcase etc. Complainant was beaten with fist blows and then he was also attacked with a chair lying in the dhaba and when Deepak and Vijay Pal Goel came in his rescue, they were also beaten by assailants. While assailants were trying to flee away from the spot, some public persons present at the spot tried to apprehend them but complainant SC No. 1071/2018 State Vs. Ashu etc. Page No.: 2 of 7 then heard noise of firearms. Police was informed. Injured were rushed to the hospital. Police reached the spot and from there three fired empty rounds were seized along with one helmet, broken condition. On the basis of the statement of the complainant, an FIR No. 110/2018 Under Sec. 308/324/427/34 IPC PS Mandawali was registered.
2. It is further case of the prosecution that CCTV footage was seized with other articles from the spot. During investigation of the present matter, accused persons Amit and Ashu were arrested. Accused Manoj was also arrested later. Test Identification Parade proceedings of all these accused persons were conducted. Formal proceedings were also conducted against these accused persons and challan was filed against these accused persons before the court of Ld. Metropolitan Magistrate for their trial.
3. It is also case of the prosecution that later on accused Shyamvir was also arrested and formal proceedings were also conducted against him, Supplementary chargesheet was also filed against said accused.
4. After compliance of the provisions of Section 207 CrPC by the court of Ld. MM, chargesheet were committed to the Court of Sessions as Sec. 308 IPC is exclusively triable by it.
5. Vide order dated 06.07.2015 passed by this court, charge was framed under Sections 427/34; 308/34; 324/34 and 336/34 IPC against accused persons Ashu; Amit and Manoj. On allocation of supplementary chargesheet against accused Shyamvir, vide order dated 06.09.2018, charge SC No. 1071/2018 State Vs. Ashu etc. Page No.: 3 of 7 under Sections 427/34; 308/34; 324/34 and 336/34 IPC against said accused. To the said charges, all these accused persons pleaded not guilty and claimed trial.
6. The Prosecution in support of its case has examined ten witnesses, out of them Vijay Gupta (PW-01) -complainant/injured; Deepak Gupta (PW-02) - one of the injured and Sh. Vijay Kumar Goel (PW-10) - on of the injured are material public witnesses of the case.
PW-3 Kapil rushed the injured persons to hospital on receipt of information regarding the incident.
PW-4 Cont. Mukesh joined the investigation of this case with ASI Desh Raj on the date of incident.
PW-5 SI Rajeev joined the investigation of this case with ASI Desh Raj and is a witness to the arrest of accused persons Ashu and Amit.
PW-6 Const. Lokender joined the investigation of this case with ASI Desh Raj and is a witness to the arrest of accused persons Ashu and Amit and proved memos Ex.PW6/A to G to that effect.
PW-7 Const. Amit joined the investigation of this case with ASI Desh Raj on the date of incident and proved the memos Ex.PW1/B & C regarding seizure of the articles from the spot.
PW-8 SI Ravinder Kumar joined the investigation of this case with ASI Desh Raj and is a witness to the arrest of accused Shyamvir and proved memos Ex.PW8/A to C to that effect.
SC No. 1071/2018 State Vs. Ashu etc. Page No.: 4 of 7 PW-9 ASI Desh Raj is the Investigating Officer of the case and proved memos prepared in this case including 9/A to E with other memos regarding arrest of accued Manoj.
During prosecution evidence, accused persons in their statement recorded under Sec. 294 CrPC admitted TIP proceedings conducted in respect of accused persons Ashu, Amit and Manoj; MLCs of Vijay Pal Goel, Deepak Gupta and Vijay Gupta; FIR and DD with CPCR Form - all as Ex.C1 to C9.
Detailed testimonies of the witnesses concerned shall be discussed at the relevant stage of judgment.
7. After conclusion of the prosecution evidence, the statement of the accused persons were recorded under Section 313 CrPC in which all of them denied all the incriminating circumstances put against them. All accused persons pleaded their innocence and their false implication. None of them opted to lead Defence Evidence.
8. Ld. Addl. PP for the State argued that prosecution has been able to prove the charges against all the accused persons through medical record and accused persons failed to give any explanation how injured sustained injuries and thus, prayed for conviction, against all accused persons, as per charges framed against all the accused persons.
9. Ld. counsels for all accused persons argued that prosecution has miserably failed to prove its case against any of these accused persons SC No. 1071/2018 State Vs. Ashu etc. Page No.: 5 of 7 as all the material witnesses have failed to identify any of these accused persons responsible for the crime in question. Ld. defence counsel further contended that under all these circumstances, all these accused persons are liable to be acquitted for the charges framed against them.
10. Rival submissions considered and record perused with law on the issues in question.
11. Admittedly in the present mater, star witnesses of the case are Vijay Gupta (PW-01) - complainant/injured; Deepak Gupta (PW-02) and Sh. Vijay Kumar Goel (PW-10) - both injured. Record reveals that none of them identified any of these accused persons as responsible for the crime in question. All of them in unequivocal terms stated that quarrel had ensued between the customers present at the dhaba and during that quarrel, they sustained injuries. All of them failed to identify any of the accused persons responsible for the crime committed upon them.
12. All these witnesses were declared hostile and were cross- examined by ld. Addl. PP. During cross-examination conducted by ld. Addl. PP all these witnesses stuck to the stand taken by them during their examination- in-chief stating that none of these accused are responsible for the crime in question.
13. As mentioned above, all the remaining prosecution witnesses are police officials who joined the investigation or remained with Investigating Officer. Nothing has come on record to point out that it was any of the these SC No. 1071/2018 State Vs. Ashu etc. Page No.: 6 of 7 accused persons who caused injuries to any of these injured or actively participated in the commission of crime, as alleged in the charges, on the date, time and place of incident despite cross-examination conducted by ld. Addl. PP for the State after being declared hostile to the material witnesses.
14. Hence, in view of the above, court is of the view that prosecution has miserably failed to prove its case against any of these accused persons beyond all reasonable doubts for any of the offences for which accused persons have been charged with. As such, accused persons namely Ashu; Amit; Manoj and Shyamvir are acquitted of the charges for the offences under Sections 427/34; 308/34; 324/34 and 336/34 IPC for which accused persons have been charged and as such all these accused persons - Ashu S/o Sh. Manoj Kumar; Amit S/o Sh. Rohtash Singh; Manoj S/o Sh. Rajbir and Shyamvir S/o Sh. Gopi Chand are acquitted of the charged offences.
15. Case property be confiscated to State after expiry of period of revision/appeal if any.
16. File be consigned to RR.
Announced in the open Court SATINDER KUMAR Digitally signed by SATINDER KUMAR GAUTAM GAUTAM on 04th day of October, 2018 Date: 2018.10.04 16:19:15 +0530 (Dr. Satinder Kumar Gautam) Additional Sessions Judge-03 (East) :
Karkardooma Courts : Delhi.
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