Delhi District Court
Through Public Prosecutor Delhi vs Mahadesh @ Madho on 10 September, 2014
SC No. 52/1/14 FIR No. 431/10
P.S Hari Nagar
IN THE COURT OF SH. SANJAY JINDAL, ADDL. SESSIONS
JUDGE WEST - 04, TIS HAZARI COURTS, DELHI
Unique Case ID No. : 02401R0093092011
SC NO. 52/1/14
FIR NO. 431/2010
P.S. : Hari Nagar
U/S : 302/341/34 IPC
IN THE MATTER OF
State
(Govt. of NCT of Delhi)
Through Public Prosecutor Delhi
Versus
1 Mahadesh @ Madho
S/o Lt. Sh. Surender Sharma
R/o H.No. 76, Prayog Vihar,
State vs. Mahadesh & Ors Page No. 1/29
SC No. 52/1/14 FIR No. 431/10
P.S Hari Nagar
Swarg Ashram, Hari Nagar,
New Delhi.
2 Vinod Sharma @ Laddo
S/o Sh. Jagdish Chand Sharma
R/o J/10, Beriwala Bagh,
Subhash Enclave, New Delhi.
3 Deepak Arora @ Deepu
S/o Sh. Krishan Lal,
R/o H.No. 17/145, Subhash Nagar,
New Delhi.
4 Shivlee
S/o Sh. Babu Lal
R/o H.No. 4/119, Back side of Gali,
Subhash Nagar, New Delhi.
............. Accused Persons
State vs. Mahadesh & Ors Page No. 2/29
SC No. 52/1/14 FIR No. 431/10
P.S Hari Nagar
Date when committed to the : 10.03.2011
court of Sessions
Date of conclusion of : 10.09.2014
final arguments
Date of final Judgment. : 10.09.2014
Final Judgment. : Acquitted
J U D G M E N T
1 Brief facts, as per case of the prosecution, are that complainant Anit Tyagi is a member of Orchestra party under the name of Crazy Guys Dance Group and there were five boys and four girl in that group. The boys are Santosh Thapa, Gaurav, Tarun (since deceased) Ranhul and complainant Anit Tyagi while Renu, Jhumki, Nisha and Khushboo are female member of said group. Further that on 01.11.2010 said group performed a function at Subhash Nagar, Chhatri Wala Park organized by Cow Paji and said function was over by 12.30/01.00 am. Further that some boys were passing comments on the female members of the group from behind the tent, so, complainant and Rahul asked State vs. Mahadesh & Ors Page No. 3/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar Gaurav to send back the girls and accordingly Gaurav took Nisha and Khusboo and after dropping them Gaurav came back to spot and while he was taking Renu and Jhumki, said boys started passing comments on them. Accused Salman asked Deepu & Madho to beat complainant and his friends and due to intervention of Cow Paji, the organizer of the programme, said accused persons fled from the spot. Further that after dropping Renu and Jhumki, Gaurav came back to spot and took Rahul and Sam on his motorcycle and after that complainant and Tarun also left the spot of function with a view that Gaurav will meet them in the way and when complainant Anit Tyagi and Tarun covered a distance, accused persons namely Salman, Deepu and Madho alongwith some other boys came there and tried to drag Tarun inside a gali to which Tarun objected and during that time accused Salman attacked Tarun with a knife. Further that complainant pushed the boy who caught hold of him and fled from the spot and when he reached at his room, he was informed by a police official that a dead body was found and complainant accompanied the police officials at the spot and identified the dead body of Tarun. Complainant Anit Tyagi told police that Salman, Deepu, Madho and their friends have committed murder of State vs. Mahadesh & Ors Page No. 4/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar Tarun. Accused persons were arrested and after completion of investigation, chargesheet was filed.
2 After consideration, charge for the offences U/s 302/341/34 IPC was framed against accused persons namely Mahadesh @ Madho, Vinod Sharma @ Laddo, Deepak Arora @ Deepu and Shivlee to which they pleaded not guilty and claimed trial.
3 At the time of trial, prosecution has examined following witnesses; PW1 HC Balimiki Mishra PW2 ASI Ram Avtar PW3 Ct. Munni Raj PW4 Mr. Anit Tyagi PW5 Ct. Anand Kumar PW6 Mr. Santosh Thapa @ Sam PW7 Mr. Vijay Kumar Khurana PW8 Narender Singh PW9 Sh. Anil Kumar Sapra PW10 Ct. Neeraj PW11 Ms. Renu Palni PW12 Ms. Vandana Jain PW13 Ct. Anil Kumar PW14 SI Raj Kumar PW15 SI Mahesh Kumar PW16 ASI Azad Singh PW17 HC Fateh Chand PW18 Dr. Yogesh Tyagi PW19 Ct. Manjeet Singh PW20 HC Kishal Pal PW21 Inspr. M.L. Meena 4 After completion of prosecution evidence, the statements of State vs. Mahadesh & Ors Page No. 5/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar
accused persons were recorded u/s 313 Cr.P.C on 10.09.2014. All incriminating material was put to them. All the accused persons denied the case of prosecution in general and opted not to lead defense evidence.
5 I have heard Ld. APP for the State and ld. counsel for the accused persons and carefully perused the record in light of submission made before me.
6 Before proceeding further, it will not be out of place to have a reference to the statements of the witnesses examined by prosecution and documentary evidence brought on record.
PW1 HC Balmiki Mishra is the MHC(M) of P.S Hari Nagar, who proved entries no. 4049 dt. 02.11.2010, 4051 dt. 03.11.2010, 4155 dt. 30.11.2010, 4270 dt. 25.12.2010 and 4273 dt. 26.12.2010. He was duly crossexamined on behalf of accused persons.
PW2 ASI Ram Avtar is the duty officer on 02.11.2010 at P.S Hari Nagar. He proved present FIR as Ex.PW2/A and his his State vs. Mahadesh & Ors Page No. 6/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar endorsement on rukka as Ex.PW2/B. PW3 Ct. Munni Raj deposed that on 02.12.2010 he accompanied IO Inspr. M.L. Meena to Tis Hazari Courts where accused Mahadesh surrendered before the court. He further deposed that accused Mahadesh was formally arrested vide arrest memo Ex.PW3/A and his disclosure statement Ex.PW3/B was recorded. He also admitted during his crossexamination by Ld. Addl. PP that personal search of accused Mahadesh was taken and personal search memo is Ex.PW3/C. PW4 Mr. Anit Tyagi is complainant in this case. He deposed that he is a member of Orchestra party under the name of Crazy Guys Dance Group and there were five boys and four girls in the group. He further deposed that the boys are Santosh Thapa, Gaurav, Tarun, Rahul and complainant himself and the girl are Renu, Jhumki, Nisha and Khusboo. He further deposed that Santosh Thapa and Nisha are husband and wife and Gaurav and Khusboo are also husband and wife. He further deposed that on 01.11.2010 they had been given some job by Mota Sonu Bhangre Wala at Subash Nagar Chhatri Wala Park in function of Cow Paji. Accordingly, they all reached there at about 07.00 pm and the function was over and they packed up about 12.00 midnight State vs. Mahadesh & Ors Page No. 7/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar to 01.00 am. He further deposed that some boys were passing comments at their girls from behind the tent and as they were on bikes, he asked Gaurav to send back the girls and accordingly Gaurav firstly took Nisha and Khushboo and after dropping them came back. He further deposed that as he was taking Renu and Jhumki, boys again started passing comments on them and Tarun tried to talk over the matter with the said boys and asked them not to pass any comments on the girls and in the meanwhile Gaurav took the girls with him. He further deposed that the boys who were earlier passing comments on the girls started quarreling with Tarun and he went forward to save him from those boys. He further deposed that those boys started bearing him and when Santosh Thapa also came there, he was slapped by one of those boys. He further deposed that Santosh ran towards the tent and brough Cow Paji and his son and on seeing them, the boys who were earlier passing comments fled away and in the meantime, Tarun also ran towards outside. He further deposed that Cow Paji dropped myself, Santosh Thapa and Rahul till Subash Nagar red light from where they went to their house in Vishnu Garden. He further deposed that Gaurav and Santosh Thapa went back on motorcycle to the spot of function, but on their way their State vs. Mahadesh & Ors Page No. 8/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar motorcycle got punctured. He further deposed that he received injuries and had remained at home and Gaurav and Santosh also returned back home as their motorcycle got punctured. He further deposed that they waited for Tarun and as Tarun did not come back, Renu called up at 100 number. He further deposed that after 30 minutes a police officer called and informed that a dead body was lying near Chhatri Wala Park, Subash Nagar. He further deposed that PCR van came at their house and they all went to Chhatri Wala Park in the PCR Van. He further deposed that he identified the dead body of Tarun and then they all started crying. He further deposed that he can identify only two as being the boys who were involved in the quarrel with them on the day of incident and pointed towards accused Shibli and Deepak being two boys but claims that he does not know their names. He further deposed that none else who had quarreled with them is present in court. Since said witness was not disclosing true and complete facts, he was crossexamined by Ld. Addl. PP but despite detailed crossexamination, he has not supported the version of prosecution on some material aspects.
PW5 Ct. Anand deposed that on 01.11.2010 at about 01.30 am, he accompanied PSI Raj Kumar to spot of incident where State vs. Mahadesh & Ors Page No. 9/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar ATO Inspr. M.L. Meena was present alongwith senior officials, crime team and one Anit Tyagi. He further deposed that Inspr. M.L. Meena made inquiries from Anit Tyagi and crime team took photographs of the spot. He further deposed that Inspr. M.L. Meena prepared rukka and handed over to me for registration of FIR and he accordingly went to Police station and got the FIR registered and returned to spot of incident and handed over copy of FIR and rukka to IO. He further deposed that he also helped Inspr. Meena to remove the dead body from the spot and thereafter he returned back to the police station. He further deposed that in the evening of 02.11.2010 after conduct of postmortem they went to house of Salman Tyagi at village Tihar and apprehended him and brought to police station. He further deposed that his statement was recorded by IO. He further deposed that after his apprehension, Salman took them to his shop at his house and produced a shirt from drawer of table in his mobile shop and the same was seized vide memo Ex.PW5/A. He further deposed that Salman also pointed out to spot of incident and pointing memo Ex.PW5/B was prepared. He also identified the black colored shirt as Ex.P1. He was duly cross examined on behalf of accused persons.
State vs. Mahadesh & Ors Page No. 10/29 SC No. 52/1/14 FIR No. 431/10
P.S Hari Nagar PW6 Sh. Santosh Thapa deposed that during 2010 he was member of Dance Group by the name of Crazy Guys and Anit Tyagi was their leader. He further deposed that Rahul, Gaurav, Tarun, Nisha, Khushi, Renu and Jhumki were other members of the group. He further deposed that Nisha is his wife. He further deposed that on 01.11.2010 Anit Tyagi took them to a programme near Chatri Wala Park, Subhash Nagar. He further deposed that their programme was over around 12.00 midnight to 12.30 am. He further deposed that some other boys present there started passing comments on the girls of their group. He further deposed that he started packing the dresses and Anit asked Gaurav to go and drop the girls at the room by takin gthem two at a time and he (Gaurav) then took Renu and Jhumki with him. He further deposed that while he was going to bring the bag containing dresses, he turned around and saw that some boys were quarreling with and beating Anit Tyagi and Tarun and on seeing them, he ran towards them. He further deposed that before he could reach there, he was hit by some boys from his back side but he could not see those boys and when he turned back, he saw 2025 boys there. He further deposed that he though that he would not be in a position to handle or stop them and accordingly he ran inside to Cow State vs. Mahadesh & Ors Page No. 11/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar Paji, who had called them for the performance. He further deposed that Cow Paji alongwith him and 23 of his boys came out and on seeing them, the 23 boys who were beating Anit Tyagi ran away from there. He further deposed that Cow Paji took him, Anit and Rahul in his car and dropped them to Subhash Nagar Chowk, from where they walked down to their house. He further deposed that on reaching there, they found that Tarun had not yet returned back home. He further deposed that they gave a telephone call to Cow Paji informing him about the same. He further deposed that after sometime as Tarun did not return, Renu and others said that police should be informed. He further deposed that after some time a telephone call was received from police to the effect that a dead body was lying near Chhatri Wala Park. He further deposed that police officials asked them about description of Tarun and they informed them. He further deposed that after some time police vehicle came to their house and they all were taken near Chhatri Wala Park where the dead body of Tarun was identified by Anit. He further deposed that he had only seen it from a distance. He further deposed that his statement was recorded by the police. He further deposed that he cannot identify any of the culprits who had quarreled with them or had State vs. Mahadesh & Ors Page No. 12/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar hit him. Since said witness was not disclosing true and complete facts, he was crossexamined by Ld. Addl. PP but despite detailed cross examination, he has not supported the version of prosecution on some material aspects.
PW7 Mr. Vikay Kumar Khurana deposed that on 02.11.2010 he had identified the dead body of his Sala Tarun Sapra in DDU Mortury and proved his statement as Ex.PW7/A. He further deposed that dead body of Tarun was handed over to them and he signed the memo in this regard as a witness. He also proved memo Ex.PW7/B. PW8 Sh. Narender Singh @ Cowpaji deposed that he do not remember the month but it was first day of the month in the year 2010 perhaps it was 10th or 11th month and he was present inside the function tent at Chattriwala Park, Subhash Nagar. He further deposed that he had an orchestra and had booked Tyagi and his group. He further deposed that at about 12.00 midnight - 12.30 am, while he was inside the tent, he heard some noise outside. Again said Tyagi came inside the tent and told him that there had been some quarrel with him. He further deposed that he went outside but the persons who were quarreling with Tyagi had already left by that time and it was dark outside. He further State vs. Mahadesh & Ors Page No. 13/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar deposed that Tyagi and his group left thereafter. He further deposed that police came there at about 01.3002.00 am. He further deposed that a dead body was lying and police asked me about the boy. He further deposed that the body was lying at a distance of about 100 feet from his tent. He further deposed that he identified the boy as being one of the dancer of the Tyagi group. He further deposed that thereafter he gave telephone call to Tyagi and informed him about the body. He further deposed that Tyagi and his group came there and identified the boy. He further deposed that He did not know the name of the deceased. He further deposed that he did not know anything else. Since said witness was not disclosing true and complete facts, he was crossexamined by Ld. Addl. PP but despite detailed crossexamination, he has not supported the version of prosecution on material aspects.
PW9 Sh. Anil Kumar Sapra deposed that Tarun Sapra was his son. He further deposed that on 02.11.2010 he had identified dead body of his son Tarun Sapra in mortuary of DDU hospital and proved his statement as Ex.PW9/A. He also deposed about receiving of dead body vide memo Ex.PW7/B. PW10 Ct. Neeraj deposed that on the intervening night of State vs. Mahadesh & Ors Page No. 14/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar 01/02.11.2010, when he was patrolling in his beat, he received a message to reach Tihar village near Chadha Motors where Inspr. Meena was already present there, accordingly, he went there and met Inspr. Meena. He further deposed that he saw a person lying on the ground and he was bleeding from his head, hand and nose. He further deposed that senior police officers also reached at the spot. He further deposed that crime team was also called and other officers from PS Hari Nagar also reached there. He further deposed about lifting of exhibits from the spot. He further deposed that local inquiries were made to ascertain identity of the dead body and a ten was set up near the spot and he went there. He further deposed that some people from there came and after seeing the dead body stated that it was of a member of a dance party which had come there. He further deposed that one of those persons telephonically informed and called someone from the dance party. He further deposed that person from the dance party came and identified the dead body as being that of member of their group and further stated that some quarrel had taken place earlier during the night. He further deposed that IO prepared a rukka on the statement of Anit Tyagi and got the FIR registered through Ct. Anand. He further deposed that dead body was State vs. Mahadesh & Ors Page No. 15/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar then removed to DDU hospital and parents and other relatives of the deceased identified the dead body. He further deposed that postmortem was got conducted and dead body was handed over to legal heirs. He further deposed that Anit Tyagi claimed in his statement that he could identify the persons who had quarreled with them. He further deposed that the police team including himslef alongwith Anit Tyagi searched Tihar Village in search of culprits. He further deposed that accused Salman was then called out from his house and apprehended and his disclosure statement was recorded. He further deposed that his arrest documents were also prepared. He further deposed that the recoveries effected at the instance of accused Salman. He further deposed that crime team inspected the spot and got it photographed. He further deposed that as far as he remember, only one type of earth sample was picked up. Some leading questions with permission of court was also put to the witness with regard to lifting of sample of earth control and non joining of Anit Tyagi during search of accused persons. He has been duly crossexamined on behalf of accused persons.
PW11 Ms. Renu Palni deposed that she used to work in dance programs alongwith her other associates namely Anit, Sem, State vs. Mahadesh & Ors Page No. 16/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar Gaurav, Rahul, Jhumki, Khushi and Nisha etc. and the name of their dance group was Crazy Dance Group and Anit was the head of their dance group. She further deposed that he (Anit) used to contact the parties and take booking and thereafter they all used to perform dance program in the said parties. She further deposed that in the intervening night of 01/02.11.2010, they all alongwith Tarun Sapra resident of Rohtak had reached Chhatri Wala Park, Subhash Nagar and performed a dance program there. She further deposed that after performing the dance program when they were packing to leave the place of dance for going their home, meanwhile some boys passed some comments on the girls of the dance group and thereafter Anit passed them to go to their house quickly and first Nisha and Khushboo were taken to the home on a bike by Gaurav and thereafter in the second round, Gaurav took her and Jhumki to the home. She further deposed that after sometime of reaching their home, Anit, Gaurav, Sam and Rahul reached at their home and Anit and Sam told us that a quarrel had taken place there with some boys. She further deposed that Anit and Sam were having some visible injuries mark on their faces and they both tried to search Tarun but in vain. She further deposed that after waiting for about 3045 minutes fro State vs. Mahadesh & Ors Page No. 17/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar the arrival of Tarun, she made a call at No. 100. She further deposed that meanwhile they received a call from Cowpaji and he informed them that the quarrel which had taken place between the members of their group and one side and some boys on the other side and the body of one of the member of their group is lying near Chhatri Wala Park and he asked them to reach there. She further deposed that PCR van also reached at their home and thereafter they all reached at Chhatri Wala Park in the said PCR van. She further deposed that Anit and Gaurav identified the dead body of Tarun which was lying there. She further deposed that she do not know anything else about this case. Since, she was resiling from her previous statement, she was duly crossexamined on behalf of Ld. Addl. PP but despite detailed crossexamination by Ld. Addl. PP, she has not supported the case of prosecution on all material aspects.
PW12 Ms. Vandana Jain, Ld. MM deposed about TIP proceedings of accused Salman, Vinod Sharma, Mahadesh and Deepak Arora. Accused persons Salman, Vinod Sharma and Mahadesh refused to participate in TIP proceedings while accused Deepak Arora participated in the TIP proceeding but complainant Anit Tyagi failed to identify him. TIP proceedings are Ex.PW12/A to Ex.PW12/W. State vs. Mahadesh & Ors Page No. 18/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar PW13 Ct. Anil Kumar is photographer of Mobile Crime Team, who deposed that on the instructions of IO and Incharge Crime Team, he took 14 photographs of the dead body and the blood lying a the spot. He proved 14 photographs as Ex.PW13/A1 to Ex.Pw13/A14 and negatives as Ex.PW13/B14 to Ex.PW13/B14.
PW14 Raj Kumar deposed that on 01/02.11.2010 he visited the spot alongwith Ct. Anand (PW5) and he further deposed about different steps taken by IO deposed in his presence. His version is on the same line as deposed by Ct. Anand (PW5). He was duly cross examined on behalf of accused persons.
PW15 SI Mahesh Kumar deposed about his visit of spot on 03.12.2010 alongwith IO and taking rough notes and measurement of the spot. He also proved his scaled site plan as Ex.PW15/A. He was duly crossexamined on behalf of accused persons.
PW16 ASI Azad Singh is the Incharge of Mobile crime team. He deposed about his visit of spot on 02.11.2010 and proved his detailed report Ex.PW16/A. He was duly crossexamined on behalf of accused persons.
State vs. Mahadesh & Ors Page No. 19/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar PW17 HC Fateh Chand deposed about his joining of
investigation of present case and different steps taken by IO in his presence on 25.12.2010 and 26.12.2010. He proved Ex.PW17/A to Ex.PW17/H in respect of different memos with regard to accused persons namely Deepak @ Deepu and Sibli. He further deposed about taking of exhibits from MHC(M) and depositing the same in FSL Rohini on 06.01.2011 & 17.01.2011. He was duly crossexamined on behalf of accused persons.
PW18 Dr. Yogesh Tyagi deposed that on 02.11.2010 when he was posted at DDU hospital, conducted postmortem on the body of deceased Tarun Sapra, aged 22 years, male son of Anil Kumar Sapra. He proved his detailed postmortem report Ex.PW18/A and his subsequent opinion report as Ex.PW18/B. He was duly crossexamined on behalf of accused persons.
PW19 Ct. Manjeet Singh deposed that he was driving government Gypsy on the intervening night of 01/02.11.2010 in which IO Inspr. Madan Lal Meena was on night checking duty. He further deposed that at about 03.00 am, when they reached near a telephone pole situated on Subhash Nagar Mor Road on crossing near Chadha Motors, State vs. Mahadesh & Ors Page No. 20/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar they found the dead body of a young boy of about 2022 years lying in a pool of blood. He further deposed that there were injuries mark on his person. He further deposed different steps taken by IO and crime team at the spot. He also proved entries in log book of said gypsy regarding their visit at the spot as Ex.PW19/A. He was duly crossexamined on behalf of accused persons.
PW20 HC Krishan Pal deposed about his joining of investigation of present case with IO on 29.11.2010, 31.11.2010, 20.12.2010, 25.12.2010 & 26.12.2010. He proved arrest memo, personal search memo, disclosure statement and pointing out memo of accused Vinod Sharma as Ex.PW20/A, PW20/B, PW20/C & PW20/D respectively. He further proved Ex.PW20/E in respect of recoveries effected from accused Vinod Sharma. He further proved arrest memo, personal search memo and disclosure statement as Ex.PW20/F, Ex.PW20/G & Ex.PW20/H respectively. He also identified the case property i.e scooter Ex.PX, dagger as Ex.P.Y, Tshirt and half pant as Ex.Z.1 and Z.2 respectively. He was duly crossexamined on behalf of accused persons.
PW21 Inspr. M.L. Meena is Investigation Officer of this State vs. Mahadesh & Ors Page No. 21/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar case. He deposed in detail about the steps taken by him during investigation of present case. He was duly crossexamined on behalf of accused persons.
7 Out of above mentioned 21 witnesses, PW4 Anit Tyagi, PW6 Santosh Thappa @ Sam, PW8 Narender Singh @ Cow Paji and PW11 Ms. Renu Palni are the only witnesses who are either the eye witnesses or the witnesses pertaining to incidental facts occurred on the date of incident. Other witnesses are either police witnesses or formal/official witnesses, who have come into the picture after the alleged incident and their testimonies can be helpful to the prosecution only in light of the testimonies of above mentioned eyewitnesses. All the above mentioned four witnesses have failed to support the case of prosecution when examined in court and they have deposed contrary to the case put forward by the IO.
8 PW4 Anit Tyagi has deposed some introductory and initial facts as per case of prosecution but he did not support the case of State vs. Mahadesh & Ors Page No. 22/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar prosecution on material points. Since, he was not supporting the case of prosecution, he was crossexamined by the Ld. Addl. PP and during his crossexamination by the Ld. Addl. PP, he has denied having make a statement to the police that when Gaurav was taking Renu and Jhumki for dropping them home, one dark complexioned boy told accused Salman that all the girls were being taken and that they should be stopped. He further denied having stated to police that one of those boys who was claiming himself to be Dabang Salman of Tihar uttered foul names or had hit him on his face and forehead with fist of had also beaten Tarun. He further denied having stated to police that the boy who was being called Salman called out to Deepu and Madho to beat them (PW4 and others) or that on seeing the quarrel, Rahul and Sam went and called CowPaji and others from inside the tent. He further denied having stated to police that while running away, those boys had threatened to see them and that they will not leave them. Further he denied having stated to police that Gaurav returned back and took Rahul and Sam on his motorcycle or that as they did not find any other means of conveyance at the spot, they started on foot from the spot thinking that Gaurav will meet them on way. He further denied having stated that State vs. Mahadesh & Ors Page No. 23/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar after they had travelled some distance, boys who were calling themselves as Salman, Madho and Deepu came from a Gali alongwith some other boys or that Salman was armed with a big meat cutting knife or that they caught hold of Tarun and tried to drag him in Gali or that upon Tarun objecting to the same, Salman attacked Tarun with the knife, which hit Tarun on his hand, who started shouting BachaoBachao. He further denied having stated to police that he got terrified or that after pushing the persons, who was holding him, he ran away from there and despite being chased by those boys, managed to return back to his home. He further denied that he had called police at no. 100. He has also denied some other important facts put to him by the Ld. Addl. PP. 9 PW6 Santosh Thappa has also deposed some introductory and initial facts as per case of prosecution but he did not support the case of prosecution on material points. Since, he was not supporting the case of prosecution, he was crossexamined by the Ld. Addl. PP and during his crossexamination by the Ld. Addl. PP, he has denied having made a statement to the police that the boys who were passing comments on the girls were calling each other by the name of Salman Dabang, Madho, State vs. Mahadesh & Ors Page No. 24/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar Deepu and Laddoo. He denied the suggestion given by Ld. Addl. PP that Anit and Tarun told them to go ahead or that they would come on foot. He further denied the suggestion given by Ld. Addl. PP that despite all of them having reached their room, Anit and Tarun had not reached there. He further denied the suggestion given by Ld. Addl. PP that he had mentioned in his statement to the police that Anit came with a heavy breath and informed them and the PCR that the boys who had quarrelled in the Pandal had caught hold of him and Tarun near the park and had beaten them and had taken Tarun in the gali where they had stabbed him and that he himself had escaped. When Ld. Addl. PP pointed out towards accused persons namely Mahadesh, Vinod, Deepak and Shibli, who were present in the court and asked witness to identify those persons as the same persons who had quarreled with them on the day of incident, the PW6 replied that those were not the persons and he did not know their names. He further denied the suggestion given by Ld. Addl. PP that those four persons had quarreled with them on the day of incident. He further denied the suggestion given by Ld. Addl. PP that any meeting was held between cowpaaji, Anil Sapra (father of deceased) and remaining members of the dance group including himself wherein it was State vs. Mahadesh & Ors Page No. 25/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar decided that now that Tarun had expired and matter has been settled between parents of Tarun and of the accused persons, the present matter should not be proceeded with further.
10 PW8 Sh. Narender Singh @ Cowpaji has also not fully supported the version of prosecution and he was also crossexamined by Ld. Addl. PP. During his crossexamination, he denied the suggestion given by Ld. Addl. PP that upon his telephone call to Tyagi, he had come to the spot in PCR van. He further deposed that he had not seen the quarrel taking place as it was dark outside. He further denied the suggestion given by Ld. Addl. PP that the three accused persons were amongst the persons who had come to quarrel. He further denied the suggestion given by Ld. Addl. PP that after the incident, he had got arranged a meeting between father of deceased Tarun namely Anil Sapra and other members of dance group and relatives of accused or that matter was got settled between Anil Sapra and relatives of the accused or that it was decided that none would depose against the accused persons. 11 PW11 Ms. Renu Palni deposed some introductory and State vs. Mahadesh & Ors Page No. 26/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar initial facts as per case of prosecution but she also did not support the case of prosecution on material points. Since, she was not supporting the case of prosecution, she was crossexamined by the Ld. Addl. PP and during her crossexamination by the Ld. Addl. PP, she has denied the suggestions given by Ld. Addl. PP that when they were packing up to go their home, some boys who were in drunken condition, made some indications and asked them to accompany them or that on this she scolded them and told them "Tumhari bhi to Maa Behne Hongi" or that after hearing this they became furious and started abusing them or that when Amit and Tarun tried to pacify them, they started abusing them or that when Anit and Tarun tried to pacify them, they started beating Tarun and Anit or that Anit and Tarun also gave fist and kick blows to them or that on the call of those boys, some more boys also reached there or that thereafter Sam and Rahun went inside the tent and called the owner of DJ namely Caupaji and some other persons or that thereafter those boys ran away from the park. She further denied the suggestion given by Ld. Addl. PP that when Anit and Tarun had not arrived home for a considerable time, then she made a call at 100 number or that thereafter only Anit came there in a perplexed condition State vs. Mahadesh & Ors Page No. 27/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar or that he told them that the said boys with whom a quarrel had taken place in the tent had caught hold Anit and Tarun at some distance from the partk or that they dragged Tarun inside the street and stabbed him or that Anit managed to escape from there. She further denied the suggestion given by Ld. Addl. PP that accused Mahadesh, Vinod Sharma, Deepak and Shivlee are the same persons who had teased them and a quarrel had taken place between the male members of their group and them. She further denied the suggestion given by Ld. Addl. PP that as the matter has been amicably settled between Anil Sapra, father of deceased Tarun Sapra and the relatives of the accused persons in a meeting arranged by Caupaji or that after that meeting it was decided that none of the members of their dance group will depose against the accused persons of this case.
12 Not only the case has not been corroborated by the prosecution witnesses, there is total lack of scientific and expert evidence as well to connect the accused persons with the alleged offence. In absence of corroboration of facts by the eyewitnesses/public witnesses and in view of total lack of scientific and expert evidence, the State vs. Mahadesh & Ors Page No. 28/29 SC No. 52/1/14 FIR No. 431/10 P.S Hari Nagar testimonies of other witnesses examined by the prosecution are found to be of no use for substantiating the allegations against the accused persons as per the story of the prosecution. It is not proved to any extent that the accused persons facing trial are the persons responsible for the death of deceased Tarun.
13 In view of above discussion, it is clear that the case of prosecution is full of doubts on all the aspects. As per settled law, the benefit of doubt in the case of prosecution shall go to the accused. With these observations, accused persons namely Mahadesh @ Madho, Vinod Sharma @ Laddo, Deepak Arora and Shivlee are acquitted of all the charges framed against them. The accused persons are on bail in this case. Their bail bonds shall remain in force for a period of six months in view of the provisions of Section 437A of the Code of Criminal Procedure. Case property, if any be released to its rightful owner. The file be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT (SANJAY JINDAL)
TODAY i.e.ON 10 SEPTEMBER,2014 ASJ:04:WEST:THC:DELHI
th
10.09.2014
State vs. Mahadesh & Ors Page No. 29/29