Delhi District Court
State vs . Raj Kumar on 12 July, 2012
IN THE COURT OF MS. TYAGITA SINGH: METROPOLITAN MAGISTRATE
(SOUTH EAST)-03, NEW DELHI
STATE VS. Raj Kumar
FIR NO: 164/02
P. S. Kalkaji
No. 02403R0232192002
Date of institution of case : 24.08.2002
Date on which case reserved for judgment : 27.06.2012
Date of judgment : 12.07.2012
Advocates appearing in the case :-
Sh. Manish Kumar, Ld. APP for State
Sh. Rakesh Sachdeva, Ld. Legal Aid Counsel for accused
JUDGEMENT U/S 355 Cr.P.C.:
a) Date of offence : 06.03.2002
b) Offence complained of : 325/34 IPC
c) Name of complainant : Sh. Mohd. Nabi
d) Name of accused, his parentage, : 1). Sh. Raj Kumar @ Raju
local & permanent residence S/o Sh. Hargovind
R/o H.No. A-224,
Transit Camp
Govindpuri, Kalkaji
2). Kishan @ Gudda
S/o Sh. Shiv Dayal
A-309, Transit Camp
Govindpuri, Kalkaji
New Delhi
(expired and case abated
against him on 20.09.2008)
e) Plea of accused : Accused is falsely implicated.
f) Final order : Accused is convicted
BRIEF FACTS OF CASE OF PROSECUTION ARE AS FOLLOWS:
1. In the present case, two accused persons namely Raj Kumar @ Raju S/o Sh. Hargovind and Kishan @ Gudda @ Vijay S/o Sh. Shiv Dayal have FIR no. 164/02 ; PS: Kalkaji St vs. Raj Kumar Page no. 1/4 been charged for offence u/s 325 IPC r/w section 34 IPC for causing grievous hurt to complainant Mohd. Nabi by giving him kicks and blows on 06.03.2002 at about 11 pm in Gali outside house no. A-224, Transit Camp, Govindpuri, within jurisdiction of PS Kalkaji.
2. During pendency of trial accused Kishan @ Gudda @ Vijay expired and case abated against him on 20.09.2008.
3. Prosecution examined six PWs in support of its case. PW1 is DO HC Satbir who exhibited copy of FIR as Ex.PW1/B and his endorsement on it as Ex.PW1/A. PW2 is Ct. Vijender Singh who had joined investigation with IO. He stated that on 07.03.2002, he was posted at Police Post Govindpuri and at about 11:30 pm, Mohd. Nabi came to Police Chowki with blood oozing from his mouth and on directions of IO, he took him to AIIMS Hospital for medical examination and came back to chowki with injured and IO prepared rukka and sent him to police station for registration of FIR and thereafter, accused Raj Kumar (correctly identified in court) was arrested from his house no. A-224, Transit Camp Govindpuri and his arrest memo and personal search memo was exhibited as Ex.PW2/A and Ex.PW2/B. PW2 further stated that on 08.03.2002, accused Kishan was arrested vide memos Ex.PW2/C and Ex.PW2/D.
4. PW3 is complainant / injured Mohd. Nabi who stated that he is running his business of welding and on 06.03.2002 at about 10:30 / 11 pm, his brother Jamil Ahmad came to him and told that Raju and Gudda were quarreling with him and abusing him, so he came out of his house no. A-224, FIR no. 164/02 ; PS: Kalkaji St vs. Raj Kumar Page no. 2/4 where accused Raju and Gudda were standing and tried to make them understand not to abuse his brother, but accused Gudda caught hold of him and started giving fist blows on his face and pushed him to the ground and they started giving fist and kick blows to him due to which he sustained injuries on his face and nose and blood started oozing but he was saved by his brother then he went to police chowki and he was got medically examined and his statement was recorded which is Ex.PW3/A. PW3 correctly identified both accused in court and stated that his nose was fractured in the accident.
5. PW4 is Dr. Ruchi from AIIMS who exhibited the X-ray report of injured Mohd. Nabi as Ex.PW4/A and stated that as per X-ray report, prepared by Dr. Lavina, there was fracture in the nasal bone of injured.
6. PW5 is IO HC Jasbir Singh who stated that on the intervening night of 06/07.03.2002, he was on emergency duty and at about 11:30 pm, complainant Mohd. Nabi came to police post Govindpuri in injured condition, so he was sent with Ct. Vijender to AIIMS and thereafter, his statement ws recorded and rukka Ex.PW5/A was prepared and after registration of FIR, site plan Ex.PW5/B was prepared and accused persons were arrested vide memos already exhibited. IO correctly identified both accused in court.
7. PW6 is Sh. Jamil Ahmad, the public witness, who stated that on 06.03.2002 at about 11 pm, quarrel had taken place and accused Raj Kumar and Gudda were beating Mohd. Nabi in his presence. He correctly identified accused Raj Kumar in court on application of accused u/s 311 Cr.P.C. PW3 Sh. FIR no. 164/02 ; PS: Kalkaji St vs. Raj Kumar Page no. 3/4 Mohd. Nabi and PW6 Sh. Jamil Ahmad were recalled for cross- examination, cross examined and discharged. But no material inconsistency was found in the cross-examination of both the witnesses.
8. After closure of PE, statements of accused u/s 313 Cr.P.C. was recorded, in which accused stated that he has been falsely implicated in this case by complainant in collision with police. Accused preferred not to lead defence evidence, hence final arguments by Legal Aid Counsel Sh. Rakesh Sachdeva were heard on last date and case was fixed for order for today . BRIEF REASONS FOR DECISION AND DECISION THEREOF:
During final arguments, the Legal Aid Counsel for accused argued that accused has been falsely implicated by complainant due to previous dispute. Ld. APP argued that complainant has supported the case of prosecution in material particular and the case is fit for conviction of accused.
After hearing final arguments and perusal of evidence on record, this court is of opinion that the eye witnesses PW3 Mohd. Nabi and PW6 Jamil Ahmad have supported the case of prosecution and no material inconsistency have been found in their cross-examination. The eye witnesses have correctly identified the accused Raj Kumar in court. Prosecution has proved the case beyond reasonable doubt against accused, hence accused stands convicted for offence u/s 325 IPC. Fix for hearing on quantum of sentence on 17.07.2012.
ANNOUNCED IN THE OPEN COURT ( TYAGITA SINGH )
TODAY ON 12th JULY, 2012 MM-03(South East),New Delhi
FIR no. 164/02 ; PS: Kalkaji
St vs. Raj Kumar Page no. 4/4