Delhi District Court
State vs Akbar & Ors. on 30 August, 2018
IN THE COURT OF SH. BALWINDER SINGH
MM(East) KARKARDOOMA COURTS, DELHI
FIR No. 121/05
PS: Mayur Vihar
Offence Complained of : 324/34 IPC
Date of commission of Offence : 28.03.2005
New No. : 11638/16
STATE VS AKBAR & ORS.
(1) Akbar, s/o Sh. Babu Badshah
r/o House No. 28/70, Trilok Puri, Delhi
(Since PO vide order dated 07.12.2005)
(2) Bhupinder @ Lala s/o Sh. Anand Singh,
r/o 28/48, Trilok Puri, Delhi
(3) Anil Kumar @ Sanjeev, S/o Anand Singh
R/o 28/48, Trilok Puri, Delhi
....................Accused
Sh. Charan Singh, S/o Sh. Kanchan
R/o 20/72, Trilok Puri, Delhi
..............Complainant
Date of Institution : 28.04.2008
Plea of the accused : Pleaded not guilty
Date of reserving judgment/order : 30.08.2018
Date of pronouncement : 30.08.2018
Final order : ACQUITTED
Brief reasons for the decision of the case:
1.In brief, the story of the prosecution is that on 28.03.2005, at about 02.30 pm, at place Main Road 28 Block, Trilok Puri, Delhi, the FIR No. 121/05 State Vs Akbar & Ors. Page no.1 of 5 accused persons, namely, Anil @ Sanjeev, Bhupender and Akbar attacked the complainant and gave him beatings. It is further alleged that during the attack one of the accused inflicted injuries on cheeks and neck of the complainant with one steel blade and caused him simple injuries. The complainant reported the matter to the police. Accordingly, the present FIR was registered against the accused persons on his complaint for offences punishable u/s 324/34 IPC. After completion of investigation, a charge sheet was filed against the accused persons for the above said offence on 28.04.2008 in the court. Cognizance of offences was also accordingly taken by the court.
2. After the appearance of the accused persons, copies of the charge sheet were supplied to them and the matter was fixed for arguments on the point of the charge. However, during the proceedings of the case at the stage of framing of charge, the accused Akbar stopped attending the court due to which he was declared as absconding vide order dated 07.12.2015.
3. However, since on the basis of material available on record, prima facie offence u/s 324/34 IPC was sufficiently made out against the remaining accused, a formal charge for the said offence was framed against them on 09.02.2016. However, both the accused pleaded not guilty to the charge and claimed trial. Thereafter the matter was fixed for PE.
4. In support of its case, prosecution has examined only two witnesses FIR No. 121/05 State Vs Akbar & Ors. Page no.2 of 5 i.e. PW1 ASI Rajeshwar Dubey, the Duty Officer who registered the present FIR. The copy of the FIR is Ex. PW1/B and his endorsement made on the rukka is Ex. PW1/A.
5. PW2 is Retd. SI Omkar Singh, the IO of the case who deposed that after the receipt of DD No. 43B, he reached at LNJP hospital and collected the MLC of the complainant. Thereafter, he recorded the statement of complainant Ex. PW2/A and after preparing a rukka Ex. PW2/B got the case the registered through Ct. Lakhu Ram. Thereafter, he prepared a site plan Ex. PW2/C and on the basis of secret information on 19.04.2005 apprehended all the accused persons and formally arrested them vide arrest memos PW2/D to F respectively and also conducted their personal search vide memos Ex. PW2/G to I respectively. The disclosure statements of accused persons Ex. PW2/J to L respectively were also recorded and a pointing memo Ex. PW2/M was also prepared at the instance of accused persons.
6. It is pertinent to mention here that the complainant of the case namely Charan Singh was also summoned for recording of his statement during PE. However, before his evidence could be recorded, the witness expired during the stage of prosecution evidence. Accordingly, as the main complainant of the case had expired before deposing in the present case, the examination of other witnesses who were mainly the police officials who joined the investigation with PW SI Omkar Singh or the Doctor who examined the complainant after he was alleged to be attacked by the accused FIR No. 121/05 State Vs Akbar & Ors. Page no.3 of 5 persons, the recording of their examination was also dispensed with as that would have been a futile exercise and accordingly the prosecution evidence was closed after the examination of PW2.
7. Further, since the main complainant himself did not depose in the court as he expired during the prosecution evidecne and no incriminating material came on record against the accused, the examination of accused u/s 313 Cr. P.C. was also dispensed with as that too would have been a totally futile exercise. Thereafter, final arguments were heard from both sides.
8. I have heard submissions of both sides and perused the evidence on record. As observed above, the complainant Sh. Charan Singh the only material witness of this case has expired before his evidence could be recorded. So in view of absence of material testimony of the complainant, the case against the accused persons cannot be proved at all. It would be the complainant only who could have deposed in the court that he was attacked by the accused pesons on the day of incident. Moreover, there is no other eye witness of the alleged incident and the other witnesses examined in court i.e. PW1 and PW2 are only formal witnesses. Further there is even no other circumstantial evidence on record which could have proved the circumstances under which the alleged incident took place. Thus, the prosecution has completely failed to produce any incriminating substantial evidence on record against the accused persons and to prove its case against them.
FIR No. 121/05 State Vs Akbar & Ors. Page no.4 of 5
9. Hence, in view of above said observations, the accused persons namely, Anil @ Sanjeev and Bhupender @ Lala both sons of S/o Sh. Anand Singh are acquitted of offence punishable u/s 324/34 IPC. Bail bond and surety bond of accused persons shall be cancelled only after six months in view of Section 437 (A) Cr.P.C.
Ordered accordingly. File be consigned to Record Room.
Digitally signed by BALWINDER BALWINDER SINGH
Announced in open court SINGH Date:
2018.09.01
on Dated: 30.08.2018 14:05:55 +0530
(BALWINDER SINGH)
MM(East)/KKD/30.08.2018
FIR No. 121/05 State Vs Akbar & Ors. Page no.5 of 5