Delhi District Court
Prosecution vs . on 15 November, 2018
IN THE COURT OF MS. SAVITRI
ADDITIONAL SESSIONS JUDGE-03
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.
FIR No. : 333/16
Under Section : 307/34 IPC
Police Station : Seemapuri
Sessions Case No : 985/2016
Unique I.D. No. : --
In the matter of :-
STATE
..... PROSECUTION
Vs.
1. Nitin Kumar @ Nitin Choudhary
s/o Roop Chand
r/o C-6/205, Yamuna Vihar, Delhi.
2. Sagar @ Yogesh Kumar
s/o Narender Kumar
r/o A-2/19, Bhajanpura, Delhi.
3. Akash Pandit [Proclaimed Offender]
s/o Hariom Pandit
r/o 11-3/4A, G. No. 1,
Jai Prakash Nagar, Delhi
.....ACCUSED PERSONS
Name and particulars of : Sh. Karan Singh Chaudhary
complainant s/o Sh. Kamal Dev
State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 1
Date of Institution : 25.06.2016
Date of Committal : 04.08.2016
Date of receiving in this Court : 08.08.2016
Date of reserving judgment : 01.11.2018
Date of pronouncement : 15.11.2018
Decision : Acquitted
JUDGMENT
1 Challan was filed in the present case on 25.06.2016 qua present FIR dated 05.03.2016 registered upon complaint of complainant Sh. Karan Singh Chaudhary.
2 Briefly stated, the case of prosecution is that on 04.03.2016, complainant Karan Singh Chaudhary was coming from his college in his car along with his two classmates namely Roshni and Pratibha. When he reached near Dilshad Garden Metro Station, accused Nitin, Sagar and Akash (Proclaimed Offender) who were also studying in the same college, came from behind and overtook the car of complainant with their Bolero car. Thereafter, all the accused persons pulled the complainant from his car. Accused Nitin was having a knife in his hand. Accused Akash and Sagar caught hold of Karan Singh Chaudhary, while accused Nitin attacked him continuously with knife stating that he could not save these girls from State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 2 them. In the meanwhile, accused Akash took out one beer bottle from his car and hit the same on the head of complainant. Accused Sagar also attacked the complainant with the broken beer bottle and thereafter ran away from the spot. Later on, accused Nitin was arrested on 06.03.2016. The weapon of offence could not be recovered. Later on, accused Sagar was also arrested.
3 After completion of investigation, police charge-sheeted accused persons showing accused Akash Pandit as absconding accused. After sometime, accused Nitin Kumar and Sagar were released on bail. IO conducted further investigation, prepared various documents during the course of investigation and filed challan with respect to offence u/s 307/34 IPC, before the court of Ld. Metropolitan Magistrate.
4 Since the matter was exclusively triable by the court of Sessions, matter was committed to this court. Vide order dated 08.08.2016, charge u/s 307/34 IPC was framed against accused Nitin Kumar and Sagar to which they pleaded not guilty and claimed trial.
5 To prove its case, prosecution examined four public witness i.e. PW-1 Sh. Karan Singh Chaudhary (complainant/victim), PW-2 Ms. Pratibha, PW-3 Ms. Roshni and PW-4 Sh. Kamal Dev, however, none of them supported the case of prosecution at all and State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 3 all of them turned hostile and resiled from their previous statements made to the police.
6 PW-1, in his examination-in-chief, deposed that the incident had occurred on 04.03.2016. At that time, he was pursuing LL.B third year and was appearing in the examination. His examination centre was at Modern Law College, Ghaziabad. On that day, at about 5.15 pm he was returning back after giving his last paper. He was in his Wagon-R car. On the way, he met his classmate Roshni and Pratibha. They stopped him and stated that one Bolero car is following them and the persons sitting in the car were passing vulgar remarks. They asked him to drop them at Dilshad Garden, Metro Station. PW-1 gave them lift and they sat on the back seat of his car. At about 5.45 pm, when his car reached near Dilshad Garden, Metro station, one Bolero car came from behind and parked the car in front of his car. He stopped, 4-5 persons were sitting in the Bolero car, 2-3 of them got down from the car and pulled him out from the driving seat of his car and started beating him. They (accused persons) had knives in their hands and they also started stabbing him (complainant). In order to save himself, PW-1 raised his hands and put his head downward. One of them came near him alongwith beer bottle in his hand and he struck him on his head with a beer bottle. PW-1 sustained severe injuries on his head. Blood started oozing out from his body. He sustained several knife injuries. He fell down on the ground. His friends made State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 4 call on 100 number. With the help of his friends, PW-1 was admitted to Shriram Singh hospital & Heart Institute, Krishna Nagar, Delhi. He remained admitted in the hospital for a week. Police had recorded his statement at the hospital and he had signed the same. PW-1 failed to identify the assailants i.e. accused persons in the court.
7 PW-1 has not identified any of the accused before the court. Since, PW-1 resiled from his previous statement made to the police u/s 161 CrPC, he was cross-examined by Ld. Addl. PP. In his cross-examination by ld. Addl. PP, he denied the prosecution case in toto.
8 PW-1 denied that he had stated to police that he had named three assailants as Nitin Chaudhary, Sagar Panwar and Akash Pandit who got down from the Bolero car and came near him and started beating him. He denied that Nitin Chaudhary was driving the Bolero and he forcefully pulled him out from the car and started beating him. He further denied that Nitin Chaudhary was having a dagger like knife in his hand and Akash Pandit and Sagar caught him and Nitin gave continuous stab blows on his person. He further denied that Akash brought an empty beer bottle and hit him on his head or that Sagar hit him with pieces of broken beer bottle.
9 PW-2, in her examination-in-chief, deposed that in the year 2016, she was studying at IME College, Sahibabad. She was State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 5 pursuing LL.B. third year and the examination centre was Modern Law college, Ghaziabad. On 05.03.16 she gave her paper and was returning back and on the way, she met Karan. She had some talks with Karan and after that she left in a TSR.
10 PW-2 has also not identified any of the accused before the court. Since, PW-2 resiled from her previous statement made to the police u/s 161 CrPC, she was cross-examined by Ld. Addl. PP. In her cross-examination by ld. Addl. PP, she denied the prosecution case in toto.
11 In her cross-examination by ld. Addl. PP, PW-2 denied that on 05.03.2016 at 5.15, she along with her friend Roshni were going towards the main road or that one Bolero car followed them or that Bolero was being occupied by Nitin Chaudhary, Sagar Panwar, Aakash Pandit and one or two more persons or that they were passing comments after seeing them or that she and her friend were frightened and took lift from Karan Chaudhary, who was driving Wagon-R car or that they both sat in the car of Karan Chaudhary or that when the car reached near Dilshad Garden Metro Station, at about 5.45 pm, the Bolero car came in front of the Wagon-R car or that Karan stopped his car or that Nitin and Sagar came outside along with Aakash Pandit and pulled out Karan from his car and started beating her. She further denied that Nitin was having dagger like knife in his hand or that Aakash and Sagar caught Karan and State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 6 Nitin inflicted multiple stab wounds on the person of Karan. PW-2 denied that Aakash brought an empty beer bottle or that Karan sustained injuries on his head or that Sagar inflicted injuries with a broken beer bottle on the person of Karan or that after beating Karan, all the assailants fled away from the spot.
12 PW-3, in her examination-in-chief, deposed that in the year 2016, she was studying at IME College, Sahibabad, She was pursuing LLB third year and the examination centre was Modern Law College, Ghaziabad. On 05.03.2016, PW-3 gave her paper and was returning back and on the way, she along with her friend Pratibha met with Karan. Pratibha had some talks with Karan and after that they left in a TSR.
13 PW-4, in his examination-in-chief, deposed that victim Karan is his son. On 05.03.2016 he had some quarrel and he was admitted to Shri Ram Singh Hospital, Krishna Nagar. He immediately rushed to the hospital. Several police personnel also reached the hospital. Police had noted down his name, address and mobile number and had also obtained his signatures on some papers.
14 Both, PW-3 and PW-4 have also not identified any of the accused before the court. Since, PW-3 and PW-4 resiled from their previous statements made to the police u/s 161 CrPC, they were also cross-examined by Ld. Addl. PP. In their cross-examination by State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 7 ld. Addl. PP, they also denied the prosecution case in toto.
15 In their cross-examination by ld. Addl. PP, PW-3 and PW-4, both have replied on the same lines as deposed by PW-2. All the witnesses denied that they have been won over by the accused persons or that they intentionally not identifying the accused persons and deliberately deposing falsely on oath. None of the witnesses were cross-examined on behalf of accused persons.
16 During the examination of all the public witnesses, before my court, I had asked them specifically as to whether they were under any pressure or coercion to depose in that manner before the court to which they replied in negative and stated that they were deposing voluntarily.
17 In these circumstances, all the public witnesses have not supported the case of prosecution at all. Their testimonies were doubtful, untrustworthy and did not inspire any confidence. The evidence of other witnesses being only formal in nature, so no other witness was examined as no useful purpose would have been served by examining them. Therefore, PE was closed. Statements of accused Nitin Kumar and Sagar u/s 313 CrPC were recorded in which they stated that they were innocent and falsely implicated in the present case.
State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 8 18 I have heard final arguments on behalf of accused persons as well as ld. Addl. PP for State and gone through the record carefully.
19 In view of above discussion, I hold that since prosecution has not been able to prove its case against accused Nitin Kumar @ Nitin Choudhary and Sagar @ Yogesh Kumar as no material has come up against them, which is incriminating in nature, hence, they are acquitted of the offence u/s 307/34 IPC.
Digitally signed by SAVITRI SAVITRI CHAUDHARY ATTRI
Location: Shahdara
CHAUDHARY District, Karkardooma
ATTRI Courts, Delhi
Date: 2018.11.15
15:55:31 +0530
Announced in the open court (SAVITRI)
today on 15.11.2018 Additional Sessions Judge-03 (Shahdara), Karkardooma Courts, Delhi State Vs. Nitin Kumar & ors. FIR No. 333/16 PS Seemapuri 9