Delhi District Court
State vs . Jugal Sharma & Shashi on 13 May, 2015
IN THE COURT OF SH. SANDEEP YADAV, ADDITIONAL SESSIONS
JUDGE3, SOUTH DISTRICT, SAKET COURTS, NEW DELHI
ID : 02406R0257232013
FIR No. 218/12
PS. Ambedkar Nagar
U/s. 307/34 IPC
State Vs. Jugal Sharma & Shashi
State
Vs.
1. Jugal Sharma @ Sainkee
S/o. Sh. Mukesh Kumar
R3/585, Dakshinpuri
New Delhi
2. Shashi @ Lala
S/o. Sh. Khubi Ram
R/o. Jhuggi No. 48, Sanjay Camp
Dakshinpuri
New Delhi ..... Accused
Date of Institution : 16.09.2013
Final Order : Acquitted
Date of Order : 13.05.2015
O R D E R
FIR No. 218/12 1/5
Prosecution version flowing from the charge sheet is as under :
1. On 20.07.12, on receipt of DD No. 56A at PS Ambedkar Nagar regarding stabbing, SI Dara Singh along with Ct. Richpal reached at 5 Block, MCD Primary School4 in front of Dakshinpuri, New Delhi, where SI Dara Singh came to know that injured has been shifted by PCR to Trauma Centre, AIIMS Hospital. Beat Constable Ct. Ishwar Singh also reached at the spot. SI Dara Singh noticed blood stained foot prints which were starting from the gate of School No. 4 leading to clinic of Dr. Suresh Kumar. Thereafter, IO SI Dara Singh left Ct.
Ishwar at the spot to guard the spot and himself along with Ct. Richpal went to Trauma Centre, AIIMS Hospital and found the injured Bimlesh admitted there. SI Dara Singh obtained the MLC of Bimlesh/injured. Patient was unfit for statement. SI Dara Singh came back at the spot, prepared ruqqa on DD No. 56A and got the FIR registered. After registration of FIR, investigation was assigned to SI Dara Singh. IO/SI Dara Singh lifted pieces of blood stained cemented floor and same was seized. Efforts were made to search accused persons but accused persons could not be traced. On 22.07.12, IO SI Dara Singh went to AIIMS Trauma Centre, the concerned doctor declared the injured Bimlesh fit for statement. IO SI Dara Singh recorded the statement of injured Bimlesh. Thereafter, on 23.07.12, IO SI Dara Singh received secret information through secret informer that the persons involved in FIR No. 218/12 2/5 St. Vs. Jugal Sharma & Ors.
committing the crime in present case, are present at Pushpa Bhawan Bus Stand. On this information, SI Dara Singh prepared a raiding party comprising of Ct. Ishwar Singh, Ct. Manoj and they all reached at Pushpa Bhawan Bus Stand and at the instance of secret informer, both the accused were apprehended. During inquiry, accused persons confessed their guilt and their involvement in commission of crime. Accused Jugal Sharma @ Sainky and Shashi @ Lal were arrested and their personal searches were conducted. Thereafter, accused persons led the police team to HBlock Bada Park, Dakshinpuri ad got recovered one big knife from beneath the soil near the footpath. The knife was seized by the IO. Thereafter, accused persons led the police party to the place of occurrence. IO prepared pointing out memo of occurrence. After completion of investigation, charge sheet was filed in the Court against the accused persons. Accused persons were charged and have been tried for the offence u/s. 307/34 IPC. Accused persons pleaded not guilty and claimed trial.
2. In order to prove its case against accused, prosecution examined eleven witnesses. I have heard learned Public Prosecutor for the State as well as accused persons. PW1 Ct. Surender Singh deposited four sealed pulindas along with sample seal at FSL, Rohini, PW2 Dr. Mukesh Patekar, Sr. Resident, Department of Emergency Medicines, Trauma Centre, AIIMS, examined the injured vide MLC No. 320327 Ex. PW2/A and gave his opinion, PW3 SI Giriraj Singh was the Duty FIR No. 218/12 3/5 St. Vs. Jugal Sharma & Ors.
Officer who registered the FIR in this case, PW4 Ghanshyam saw the injured lying in pool of blood, PW5 Bimlesh is the injured/complainant, PW6 SI Liyakat Ali recorded DD No. 55A, DD No. 56A, DD No. 59A, PW7 Ct. Richpal was with the IO SI Dara Singh during entire investigation, PW8 Ct. Manoj and PW9 Ct. Ishwar Singh were with the IO when accused persons are arrested and the weapon of offence was recovered, PW10 Arun Kumar was with injured Bimlesh when injured Bimlesh was attacked and PW11 SI Dara Singh is the Investigating Officer of this case.
3. PW5 Bimlesh @ Billa is the injured/complainant and PW10 Arun Kumar, who was with PW5 Bimlesh at the time when Bimlesh was assaulted by accused persons, turned hostile during his examination in the Court and did not support the case of prosecution. PW5 Bimlesh and PW10 Arun Kumar were cross examined by learned Additional Public Prosecutor for the State. However, even during their cross examination by learned Additional Public Prosecutor for the State, nothing material could be extracted from then. Both PW5 Bimlesh and PW10 Arun Kumar even failed to identify the accused persons in the Court. Other prosecution witnesses are police officials. No incriminatory evidence has come on record during trial which could be put to accused persons u/s. 313 Cr.PC. Accused persons were not identified by complainant in the Court. Accordingly, examination of accused persons u/s. 313 Cr.PC are dispensed with. Accused Jugal FIR No. 218/12 4/5 St. Vs. Jugal Sharma & Ors.
Sharma and Shashi @ Lala are acquitted of the charge framed against them. Bail bonds and surety bonds of accused persons are cancelled. Their sureties furnished earlier are discharged. Original documents of sureties, if any, be released.
4. Accused Jugal Sharma @ Shanki and Shashi @ Lala seeks time to furnish bail bond and surety bond in terms of section 437A Cr.PC. File be put up on 14.05.15 for furnishing personal bond and surety bond by accused persons in terms of section 437A Cr.PC.
Announced in open Court (Sandeep Yadav)
on 13.05.15 Additional Sessions Judge3 (South)
Saket Courts, New Delhi
FIR No. 218/12 5/5
St. Vs. Jugal Sharma & Ors.