Delhi District Court
State vs 1. Sanjeev Tomar, S/O Babu Singh Tomar, on 31 October, 2014
IN THE COURT OF SH. RAKESH KUMAR
ADDL. SESSIONS JUDGE02 (NORTH EAST)
KARKARDOOMA COURTS, DELHI
SC No.123/2012
FIR No.106/2009
PS Karawal Nagar
U/s 147/148/149/308/323/
452/427/34 IPC
State Versus 1. Sanjeev Tomar, S/o Babu Singh Tomar,
R/o H. No.132, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
2. Harinder Tomar, S/o Sh. Surat Singh,
R/o H. No.128, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
3. Rattan Singh Tomar,
S/o Chattar Singh Tomar,
R/o H. No.130, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
4. Niranjan Singh @ Neeraj Singh Tomar,
S/o Sh. Chunni Lal Tomar,
R/o H. No.129, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
5. Smt. Dhanno Devi, W/o Dalip Singh,
R/o H. No.132, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
6. Smt. Shakuntala,
W/o Late Chattar Singh Tomar,
R/o H. No.130, Gali No.2, New Chauhan
Pur, Delhi.
7. Bhupender Singh, S/o Chunni Lal,
R/o H. No.129, Gali No.2, New Chauhan
State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 1 of pages 10
Pur, Karawal Nagar, Delhi.
8. Suresh, S/o Chhutter Singh,
R/o H. No.74, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
9. Jaggi, S/o Ajit Singh,
R/o H. No.133, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
10. Munna @ Manoj, S/o Mangal Singh,
R/o H. No.118, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
11. Challu, S/o Rumal Singh,
R/o H. No.129, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
12. Gopal Chand, S/o Sampat Singh,
R/o H. No.119, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
13. Sunil Kumar Tomar,
S/o Sh. Dhani Ram Tomar,
R/o H. No.74, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
14. Anil Kumar, S/o Dhani Ram,
R/o H. No.74, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
15. Parveen Kumar, S/o Dhani Ram,
R/o H. No.74, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
16. Pappu @ Dharambir, S/o Kartar Singh,
R/o H. No.117, Gali No.2, New Chauhan
Pur, Karawal Nagar, Delhi.
Received on Assignment. : 21.12.2012.
Date of Arguments. : 31.10.2014.
Date of Judgment. : 31.10.2014.
State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 2 of pages 10
: J U D G M E N T :
1.The above named accused persons were booked by SHO PS Karawal Nagar U/s 147/148/149/308/323/452/427/34 IPC and have faced trial for having committed the said offences.
2. :FACTUAL MATRIX: It is the case of the prosecution that on 06.05.2009 a PCR call vide DD No.12(A) regarding quarrel at Chauhan Pur, Sahadat Pur, Gali No.1, Near Little Star Public School, MCD Govt. School, was received in PS Karawal Nagar, and the said DD was entrusted to ASI Rajmal, who alongwith Ct. Rajesh reached to the scene of occurrence, where stones were scattered on road. The mirrors of the maruti 800 car having registration no.DL5CC5325, which was parked in front of house no.75 were broken. No eye witness was found present at the spot. In the meantime, SHO alongwith his staff and ACP Gokal Puri also reached at the spot. Local enquiry was made, which revealed that injured persons have been taken to GTB hospital. ASI Rajmal called Crime Team at the spot, which took photographs of the scene of crime. ASI deputed Ct. Rajesh at the spot with directions to preserve the scene of crime and went to GTB Hospital alongwith Ct. Anil and he collected the MLCs of injured persons namely Laxmi Chand Tomar (MLC No.A1846/ 09 result U/o blunt), Khajan Singh (MLC No.B1810/09 result U/o blunt), Fateh Singh (MLC No.A1847/09 result U/o blunt), Smt. Pushpa (MLC No.B1807/09 result U/o blunt), Satpal Tomar (MLC No.C1796/09 result U/o blunt), Kanta Devi (MLC No.1793/09 U/o Blunt) and Surender (MLC No. D546/09 result U/o blunt). ASI also collected the MLCs of injured persons namely Niranjan Singh (MLC No.B1809/09 result U/o blunt), Chaillu (MLC No.D545/09 result U/o blunt), Rattan Singh State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 3 of pages 10 Tomar (MLC No.D548/09 result U/o blunt), Harender Tomar (MLC No.D547/09 result U/o blunt), Sanjeev Tomar (MLC No. D1794/09 result U/o blunt) Smt. Dhanno Devi (MLC No. C1795/09 result U/o blunt) and Smt. Shakuntala (MLC No. C1792/09 result U/o blunt) and kept it pending. ASI Rajmal recorded the statement of injured Laxmi Chand Tomar, wherein he stated that on 06.05.2009 at about 2.00 p.m he received a phone call of one Malkhan Singh from his village Chuhan Patti, Delhi informing thereby that Shyam Sunder Goel, Suresh, Gopal Chand, Neeraj, Sunil and others had broken the lock of his land of khasra no. 398/2. At about 2.30 p.m, Sanjeev, Anil, Dheeraj, Gopal, Sunil, Pappal @ Dharam Veer, Suresh, Jogi, Upender, Mannu assembled near his house at New Chauhanpur, Karawal Nagar and they all were abusing him, Suresh and their family members in filthy language. They also uttered that they had broken the lock of his land of Chauhan Patti and now they would beat them and asked them to come outside their house. He told them that there was a marriage in their family on 07.05.2009 and 08.05.2009 and their relatives are present in their house and he asked them not to abuse them. He also told that since their cases are pending in the court and therefore they will resolve their differences in the court by lawful means. At this Neeraj and Sunil stated that he was behaving like a lawyer and they would see his advocacy. Thereafter Sunil had hit him on his head with farsa and Neeraj hit him on his head with lathi. He raised alarm, to which Surender had come out of his house and then Neeraj after snatching Farsa from Sunil, caused injury to Surender with farsa on his head with intention to kill him and Gopal caused injury to Surender with lathi. Due to this Surender fell down. In the meanwhile when his father Fateh Singh came out of the house to save them, Chhellu and Gopal caused injury to him on his State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 4 of pages 10 head with lathi and they entered in their house. When his sister Kanta objected to it, Anil caused injury to her with brick and Sunil gave lathi blows to her. In the meantime when one of his relatives namely Satpal came outside of his house, Pappal @ Dharamveer and Chellu beaten him with lathies. On hearing noise when Khazan Singh had come out of his house to save them, Anil and Praveen caused injuries to him on his head with lathi. When his cousin Pushpa came to their rescue, Dhanno and Shakuntala caught hold of her and beaten her with fists and kicks. Bhupender, Praveen, Anil, Jogi, Sunil, Neeraj, Sanjeev, Chellu, Gopal and Pappal had entered in his house and broken the glasses of window and had also damaged their Maruti 800 car having registration no.DL5CC 5325. In the process of saving them, the opposite party had also sustained injuries. In the meanwhile Rattan Singh of opposite party also come over there and beaten him, his father Fateh Singh, and his sister Kanta Devi inside their house. On the facts and circumstances, MLCs of the injured and statement of complainant FIR in the instant matter was registered U/s 147/148/149/308/452/427 IPC. Investigation of the case was assigned to Insp. C.M Meena, who during investigation inspected the scene of crime, prepared site plan of the place of occurrence and took into possession of the pieces of glass and bricks into police possession. Above said Maruti car was also taken into possession. Inspector C.M. Meena also joined injured Surender, Satpal Tomar, Pushpa, Fateh Singh, Khajan Singh and Smt. Kanta in the investigation. Their statements U/s 161 Cr.P.C were recorded. On the identification of complainant, Niranjan, Harender Tomar, Rattan Singh Tomar, Sanjeev Tomar, Smt. Dhanno Devi and Smt. Shakuntala Devi were arrested in this case. On 07.05.2009, injured Fateh Singh, Laxmi Chand Tomar, Surender Singh Tomar, Satpal Singh Tomar, Khajan Singh and Smt. Kanta Devi State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 5 of pages 10 produced their clothes having blood stained thereupon before Insp. C.M. Meena in the Police Station, which they were wearing at the time of incident. Said clothes were taken into police possession by said Inspector. On the order of court, said Maruti car was released on superdari. Accused Bhupender Singh, Suresh, Jogi, Mannu @ Manoj, Chaillu, Gopal Chand, Pappal @ Dharmbir, Parveen Kumar, Anil Kumar Sunil Kumar Tomar, got anticipatory bail from Hon'ble High Court and accordingly said Inspector after formally arresting the said accused persons in this case, released them on bail. Statement of witnesses were recorded. Result on the MLCs were collected. Thereafter, further investigation of the case was assigned to Insp. Lekh Raj Crime Branch, who inspected the spot, prepared site plan and asked the complainant to produce any independent witness but no witness could be produced. Insp. Lekh Raj interrogated the PCR staff and recorded their statements U/s 161 Cr.P.C recorded. Thereafter, on the transfer of Insp. Lekh Raj, investigation of the case was transferred to SI Sumer Singh, who after completion of investigation of case, presented the charge sheet before the court of concerned Metropolitan Magistrate.
3. After supply of copies etc, Ld.MM committed the case to the court of Sessions where after due deliberation charge charge U/s 147/148/149/308/323/452/427/34 IPC was framed against all the accused persons, to which they pleaded not guilty and claimed trial. Thereafter, the case was fixed for prosecution evidence.
4. To prove its case, the prosecution has cited as many as thirty five witnesses out of them it has examined eight witnesses i.e. PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW3 W/ASI Jag Roshni (who proved on record copy of DD No.12A, her endorsement made on rukka and carbon copy of FIR as State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 6 of pages 10 Ex.PW3/A, Ex.PW3/B & Ex.PW3/C respectively), PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa. Out of the above said eight witness, seven witness, except PW3 W/ASI Jag Roshni, are the star witnesses of the prosecution being complainant, injured and eye witnesses of the occurrence and none of these material witness has supported the case of the prosecution.
5. PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa in their respective identical testimonies have not supported the story of prosecution. They have narrated a stereo type version and stated that on 06.05.2009 at about 2.30 p.m, they were present at their house. They heard some noise coming from outside of their houses. They came out and saw a mob of about 400500 people present out of their house and in the meanwhile pelting of stones begun and they got injured due to that pelting. They categorically stated that they could not see as to who caused injury to them. They also stated that they do not know anything else about this case. Although PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa were cross examined on behalf of the prosecution at great length but nothing incriminating material could be extracted from the mouth of said witnesses. They categorically stated that though they know the accused persons but they have not seen them present at the spot on the day and time of incident. They specifically denied that they and their family members have settled the matter with the accused persons or that for this reason they are suppressing truth or that they are deposing falsely or that they are not identifying the accused persons as assailants during the incident dated 06.05.2009.
State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 7 of pages 10
6. In the case in hand, where the star witnesses of the prosecution i.e. PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa, who are the star witnesses of the prosecution being complainant, injured and eye witnesses of the occurrence have completely turned hostile and have not supported the story of prosecution on the point of identities of the accused persons, I had no option but to close the prosecution evidence as no fruitful purpose could have been served by continuing the trial by examining the remaining witnesses as it would be a futile exercise and accordingly the prosecution evidence was closed vide the order of even date. Since there is nothing incriminating against the accused persons has been brought on record, so statement of accused persons u/s 313 Cr.P.C is also dispensed with.
7. Having heard the respective rival submissions of Ld. Addl. PP for the State and Ld. counsel for the accused persons and in view of the circumstances where the star witnesses of the prosecution i.e. PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa have not supported the case of the prosecution, I have no option but to acquit all the accused persons of the charges. All the accused persons stand acquitted accordingly. Their existing Bail Bonds and Surety Bonds are extended for the period of six months in terms of the order of the Hon'ble High Court.
8. File be consigned to Record Room after completion of necessary formalities.
(Announced in Open court (RAKESH KUMAR)
st
on 31 October, 2014) Addl. Sessions Judge/North East,
Karkardooma Courts, Delhi
State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 8 of pages 10
FIR No.106/2009
PS Karawal Nagar
U/s 147/148/149/308/323/452/427/34 IPC
State Vs. Sanjeev Tomar etc.
31.10.2014
Present: Sh. S.K. Raghuvanshi, Ld. Addl. PP for the State.
All the accused are present on bail with their counsel. PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa are present in their persons. They are examined and discharged.
At this stage it is submitted by Ld. Counsel for accused persons that since none of the witnesses examined so far, who are the complainant, injured and eye witnesses of the occurrence, has supported the case of prosecution and rest of the witnesses left to be examined are official/formal witnesses, so no fruitful purpose will be served by continuing the trial by calling the remaining witnesses and it is prayed that the prosecution evidence may be discontinued and accused persons may be acquitted from the charges levelled against them.
Prayer is opposed by Ld. Addl. PP on the ground that several witnesses are left to be examined and he is seeking opportunity to produce and examine them.
In the case in hand, where the star witnesses of the prosecution i.e. PW1 Laxmi Chand Tomar, PW2 Smt. Kanta, PW4 Fateh Singh, PW5 Satya Pal, PW6 Surender Tomar, PW7 Khazan Singh and PW8 Smt. Pushpa, who are the star witnesses of the prosecution being complainant, injured and eye witnesses of the occurrence, have completely turned hostile and have not supported the story of prosecution on the point of identities of the accused persons, I have no option but to close the prosecution evidence as no fruitful purpose could have been served by continuing the trial by examining the remaining witnesses as it would be a futile exercise and accordingly the prosecution evidence is closed. Since there is State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 9 of pages 10 nothing incriminating against the accused persons has been brought on record, so statement of accused persons u/s 313 Cr.P.C is also dispensed with.
Vide a separate judgment, all the accused are acquitted of the charges levelled against them. Their existing Bail Bonds and Surety Bonds are extended for the period of six months in terms of the order of the Hon'ble High Court.
File be consigned to Record Room after completion of necessary formalities.
(RAKESH KUMAR) ASJ02 (NE)/KKD/DELHI/31.10.2014 State Vs. Sanjeev Tomar etc. (SC No.123/2012) Page No. 10 of pages 10