Delhi District Court
State vs Chottu @ Chottan on 12 August, 2025
1
IN THE COURT OF SH. SAURABH GOYAL,
JUDICIAL MAGISTRATE FIRST CLASS-01, DWARKA COURTS,
DELHI
State Vs. : Chottu @ Chottan
FIR No : 86/2015
U/s : 336/337/427 IPC
P.S. : PALAM VILLAGE
CNR NO. : DLSW020057542016
1. Criminal Case No. : 429526/2016
2. Date of commission of offence : 05.02.2015
3. Date of institution of the case : 30.05.2016
4. Name of the complainant : Sh. Sagar
S/o Sh. Suresh Chand
5. Name of accused & parentage : Chottu @ Chottan
S/o Sh. Chander Ram
6. Offence complained or proved : U/S 336/337/427 IPC
7. Plea of the accused : Pleaded not guilty
8. Date on which order was reserved : 29.07.2025
9. Final order : Acquittal
10. Date of final order : 12.08.2025
JUDGMENT
1. The accused persons are facing trial for offence U/S 336/337/427 IPC with the allegations that on 05.02.2015 at about 8:00 PM at plot no P1, Gali no 1, Raj Nagar II, palam Village, within the jurisdiction of PS Palam Village Digitally signed by SAURABH SAURABH GOYAL FIR No. 86/2015 GOYAL Date:
2025.08.12 St. Vs. Chottu @ Chottan
15:28:26 +0530
2
accused was getting the dust (sand) unloaded from truck bearing no RJ 14 GD 3585 in the above mentioned plot near its wall and while unloading the dust (sand) he negligently omitted to take care and wall of the plot fell down on the motorcycle bearing no DL 6S AB 3741 on which complainant Sagar and his friend Rajat were going and on motorcycle bearing no DL 65 AG 4466 besides which victim Ramroop was standing and due to falling of wall Rajat and victim Ramroop received simple injuries and thereby the accused is facing trial for commission of an offence u/s 336/337 IPC. Further, due to his negligence while unloading dust (sand) from truck bearing no RJ 14 GD 3585 in plot no P1, Wall of which has fallen on Maruti Swift car bearing no HR 26 BN 4391, Motorcycle bearing no DL 8S BL 6273, motorcycle bearing no DL 65 AG 4466, motorcycle bearing no DL 65 AB 3741 got damaged and thereby accused is facing trial for commission of offence u/s 427 IPC. The criminal law was set into motion by registration of FIR against the accused person and investigation into the case began. After completion of the investigation, the present charge-sheet was filed for conducting trial of the accused person for the alleged offence.
2. After taking cognizance of the offence, the copies of charge-sheet was supplied to the accused person in compliance of section 207 Cr.P.C. The arguments on charges were heard. The notice is framed against accused Chottu @ Chottan on 28.10.2016 for offence U/S 336/337/427 IPC. The accused Chottu @ Chottan pleaded not guilty to the notice and claimed trial. Thereafter, prosecution evidence was led.
3. In order to prove allegations against accused, prosecution has examined eleven prosecution witnesses.
4. PW-1 Sagar S/o Sh. Suresh Chand R/o W Z 192, Raj Nagar II, FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2025.08.12 15:28:36 +0530 3 Palam New Delhi aged about 21 years is the complainant in this case. He deposed that he is doing a private job in Vodaphone company. He did not remember the date and month of the incident but it was in the year of 2015. On that day, about around 8 Pm, he along with his friend Rajat were going on the motorcycle to their friend Aditya, however he did not remember the registration no of the motorcycle now. They were going through Sukkar Bazar road to the house of Rajat in gali no 1 and Rajat was driving the motorcycle and he was pillion driver. When they turned in a gali on the Sukkar Bazar road, however, he did not remember the exact location/plot no. Suddenly, wall fell on them as the truck was unloading the dust (crusher) inside the plot towards the wall and due to the pressure of the dust the wall fell towards the gali where they were passing through on the motorcycle. They both fell down on the road. He received minor injury on his left leg but Rajat received more injuries due to the fall of bricks on him. He took Rajat to nearby hospital and got him admitted there. Someone had made call to police and police came to the hospital to inquire about the incident. Then Rajat remained in the hospital and he took motorcycle to the PS. In the PS, his statement was recorded by the police which bears his signature at point A. Same is Ex Pw1/ A. There were damage to 4-5 other motorcycle and one car due to the fall of wall. He did not know the name of the owner of the plot or the person who was unloading the dust as all of the persons in the plot had fled away. Ld APP for the State also cross examined the witness as he was resiling from his previous statement dt 05.02.15 given to the IO.
During his cross examination by Ld. APP, he admitted that he did not know if the site plan Mark A was prepared by the IO at his instance as he was not present at the spot and was in the hospital. He did not know if the plot no of FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:28:44 +0530 4 the property whose wall fell on them is plot no 1. He did not know any person by the name of Chottu who was doing the business of storing and selling the building material. He denied that it was the negligence of the chottu due to which the incident took place.
5. PW-2 Rajat S/o Shree Ram Udgar Yadav R/o RZ F 628, Sanjay Gandhi Marg, Rai Nagar II. Palam New Delhi aged about 22 years has deposed that he is a student. He did do not remember the date and month of the incident but it was in the year of 2014-15. On that day, about around 6-7 Pm, he along with his friend Sagar were going on the motorcycle of their friend but he did not remember his name. He did not remember the registration no of the motorcycle. They were going through Sukkar Bazar road to his house and he was driving the motorcycle and Sagar was riding pillion. When they turned in a gali no 6 i.e on the Sukkar Bazar road, suddenly, wall of the corner plot fell on them as the truck was unloading the dust (crusher) inside the plot towards the wall and due to the pressure of the dust the wall fell towards the gali where they were passing through on the motorcycle. They both fell down on the road and received injuries due to the fall of bricks on them. He was taken to the Global hospital and he was admitted there and was later on shifted to Artemis Hospital on the same day. Someone had made call to police and police came to the Global hospital to inquire about the incident. His statement was recorded by the police. There were damage to 4-5 other motorcycle and one car due to the fall of wall. He did not know the name of the owner of the plot.
During his cross examination he admitted that one uncle and his friends took him to the hospital. He used to use the road frequently where the accident occurred and the business of storing and selling building material was carried on FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:28:51 +0530 5 in the said plot. The height of the wall was about 6-7 foot. He was able to see that the truck was unloading the dust towards that wall but he was not able to see the other activities going in the plot.
6. PW-3 Sh. Amit Shah S/o Sh. Sipahi Shah aged about 33 years R/o H. No. A-16, Vikas Kunj Extension, Vikas Nagar, Jyoti Public School, Mohan Garden, Uttam Nagar, Delhi-110059 has deposed that on 05.02.2015, he had gone to Palam, Raj Nagar by his motorcycle bearing registration no. DL8SBL- 6273. He went to his work after parking his motorcycle in the gali adjacent to plot no. P-1. When he returned back at the spot, he saw that the wall of the plot was fell on his motorcycle due to which his motorcycle got damaged. He saw that there was sand in large amount adjacent to the wall of the plot due to which the wall fell down. Police came at the spot and recorded his statement.
7. PW-4 Rajeev Kumar, S/O Rajender Prasad, r/o RZF-770/6, Gali No. 12, Raj Nagar, Palam, New Delhi, Aged about 33 years has deposed that he is registered owner of the motorcycle bearing number DL6SAG-4466. On 05.02.2015, at around 8-8:30 pm, his motorcycle got damaged due to falling of wall in gali no. 1, Raj Nagar-II as there was unloading of sand inside the plot against the wall. One person was also injured. Police had taken his motorcycle and he got released the same later on, on superdari vide superdarinama Ex. PW4/A. Police had investigated the matter from him. He spent about Rs. 15,000 on repairing his motorcycle.
8. PW-5 Naresh S/o Sh. Lal Chand Sharma r/o Village Bhamod, Tehsil Viratnagar, District Jaipur, Rajashtan deposed that he is driver by profession. He used to drive truck of Mahavir Saini. On 05.02.2015 he had brought truck bearing no. RJ-14GD-3585 loaded with sand to P1, Raj Nagar-II, FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:01 +0530 6 Palam, Delhi which was brought on the demand of Chottu @ Chottan (correctly identified by the witness in the court). Chottu @ Chottan used to work as supplier of building material. Sand was unloaded in the plot with the wall and he had parked his truck outside the plot and he was sleeping in the truck. Fresh sand was unloaded on already piled up sand and the wall of plot fell due to pressure of heavy pile of sand.
During his cross examination he admitted that he used to come Delhi with sand on demand. He admitted that order was placed to owner of truck. He had brought sand to plot P1 earlier also about 8-10 times. He never signed any document regarding the unloading of sand. However, truck owner used to sign documents. He has not seen the truck owner sign the documents in presence of accused. He admitted that accused has not signed any documents/challan in his presence. His truck owner used to inform him on phone regarding the order. The mobile number of the truck owner is 9636173009 from which he ordered him to deliver the sand on that day. The truck owner also used to tell him the address on phone on which the sand is to be delivered which he memorizes. He admitted that he did not know the owner of the site at which the sand was unloaded. As per his knowledge, accused used to pay truck owner for sand. He did not know whether on the day of incident accused has made the payment of sand to truck owner or not. He further denied the suggestion that It was he who had hit the wall with his truck due to which the wall collapsed.
9. PW-6 Sh. Anil Kumar Sharma s/o Sh. Om Prakash Sharma, R/o RZ-20E/3, Old Mehrauli Road, Palam Village, New Delhi has deposed that the alleged plot i.e Plot No. P1 is in the name of the his father and he takes care of that plot. He gave the above mentioned plot to accused Chhotu @ Chhutan in FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:09 +0530 7 December, 2013 on rent. Since then, the said plot is in the possession of accused Chhotu @ Chhutan and he keeps building material in that plot. Since it is the corner plot he asked accused Chhotu to not store his building material near that wall as it was weak to take the load of building material. He had asked him many times to be cautious regarding the said wall.
10. PW-7 Rajpal S/o Sh. Kundan Lal aged about-61 years R/o 2/60, Roshan Garden, Najafgarh, New Delhi has deposed that he was working as a HC at PS Palam Village in the year 2015. Presently he has retired on 30.09.2017. On 05.02.2015, he was working as a DO at PS Palam Village and his duty timings were from 4 p.m to 12 mid night. ASI Bijender gave a tehrir to him on the basis of which he registered the FIR no. 86/15, same is ExPW-7/A (OSR) and also recorded DD no. 42A. Same is Ex. PW7/B (OSR).
11. PW-8 Retired SI Birender Singh S/O Sh. Umrao Singh, R/O Village & PO Khaleta, Dit. Rewari Haryana is the IO of this case and has deposed that on 05.02.2015 he was posted as ASI at PS Palam Village. On that day on receipt of DD No. 33 A he along with Ct. Jitender went to the spot ie. Gali No. 1 Raj nagar Part 11, Palam Delhi, he reached there and he found that the wall which 5-6 feet in height was fallen due to which one car NO. HR 26 BN 4391, Motorcycle bearing No. DL 6SAB 3741, Motorcycle bearing NO. DL 8SBL 6273 and Motorcycle bearing No. DL 6SAG 4466 were lying in accidental condition due to falling of said wall and got damaged. One truck bearing NO. RJ 14 GD 3585 carryig dust was unloading the said dust from the other side of the said broken wall. Due to this unloading the said wall suddenly fell on the opposite direction due to which the aforesaid vehicle got damaged. The eye witness/Complainant Sh. Sagar who was present at the spot told him FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:16 +0530 8 that two persons namely Rajat and one other got injured who were taken to Global Hospital for their treatment. Thereafter, crime team along with fire brigade also reached at the spot who investigated and inspected the spot and the wall to rescue the other person, if any, is lying under the said Malba of said destroyed wall. Thereafter, they went to Global Hospital, and met the injured persons and collected the MLC No. 65/15 of injured namely Ram Swaroop and MLC NO. 66/15 of injured namely Rajat Yadav. Thereafter, he again returned to the spot and recorded the statement of complainant Ex. PW1/A. Thereafter, he prepared rukka Ex. PW8/A and got the FIR registered through Ct. Jitender who handed over the FIR to me after returning from the PS. Thereafter, he prepared the site plan Ex. PW8/B. He also seized the damaged vehicles vide memos Ex. PW8/C. Thereafter, he deposited the said damaged vehicle to Malkhana. On the very next day. he got conducted the mechanical inspection of the said vehicles and mechanical inspection reports Ex. PW8/D (Colly running in 4 pages). He made further inquiries/ investigation regarding the ownership of the said plot. Thereafter, the owner of the said plot told him that the work of loading/unloading of dust was given to one labour namely Chottu @ Chottan. Thereafter, at the instance of owner of the said plot he arrested the accused Chottu @ Chottan vide memo Ex. PW8/E and conducted his personal search vide memo Ex. PW8/F. He also recorded the statement of witnesses U/s 161 Cr.P.C. Thereafter, after completion of investigations, he submitted the chargesheet before the court.
12. PW-9 ASI Suresh Kumar No.478 SD, BDS/SR, R. K. Puram New Delhi has deposed that on 05.02.2015, he was posted as HC at Crime Team South West District. On that day he went to Plot No. P1, Raj Nagar Part II, FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:23 +0530 9 Palam Colony, where he clicked the photographs of the spot of incident and found that due to fall of the boundary wall of the said plot, one cars and Motorcycles were damaged.
13. PW-10 Sh. Ram Roop S/o Sh. Har Sahay, R/O RZF 768/7B Gali No.8, Raj Nagar Part II, Palam Village, New Delhi has deposed that he is residing at his aforesaid address since last 24 years and he is Driver by profession. On 05.02.2015, he along with his friends namely Rajeev and Rahul went to Gali No.1. P Block on one motorcycle bearing NO. DL 6SAG 4466, where he along with his aforesaid friends was standing, after parking the said motorcycle alongside one wall of a plot and the said wall is around 5-6 feet high. Inside the said plot, building material was unloading through Truck which was overloaded with the dust and in the meanwhile, during the unloading the said wall collapsed and fallen upon all of them, due to negligence and overloading of the said truck. In the said incident, he along with his friend Rajeev sustained injuries and said motorcycle also got damaged in the incident. He had not seen any driver of the said truck as he was on the other side of the wall and immediately after the incident was shifted to the hospital.
14. PW- 11 Sh. Jaivir Singh S/o Late Sh. Sukhbir Singh R/O H. NO. B-176, Defence Enclave, Meerut, U.P. has deposed that he is residing at the aforesaid address since 2020. In the year 2015, he was residing in Dwarka, Delhi. On 05.02.2015, he came to Raj Nagar, Part II, New Delhi in his car bearing NO. HR 26BN 4391, and parked his said car beside plot NO. P1. When he came back, he found that the wall of the said plot had fallen upon his car due to which his said car got damaged. The Wall of the said plot had fallen due to dust which was unload besides the said wall on the other side.
FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:30 +0530 10 STATEMENT OF ACCUSED U/S 313 Cr.P.C.:
15. Statement of the accused Chottu @ Chottan under Section 281/313 Cr.P.C. was recorded separately on 22.11.2024 in which all the incriminating circumstances appearing in evidence were put to him. The accused controverted and denied the allegations levelled against him and stated that he has been falsely implicated in the case. Accused person further opted to lead evidence in his defence.
16. DW-1 Sh. Chottu @ Chottan S/o Sh. Chander Ram R/O Village Dokkan, Dahni Mindhala, Post Pattan, Dist. Sikar, Rajasthan deposed that in the year 2014, he was working with one Sh. Anil Sharma. His friend namely Subhash recommended him for the job to Sh. Anil Sharma. At the time of the alleged incident in the year 2015, he was not present at the spot of incident. When he came at the spot in the morning after the incident, police officials told him to visit the PS Palam Village and thus, he alongwith his employer Sh. Anil Sharma, visited the PS Palam Village and told the police officials that he was not present at the spot of incident at time of alleged incident. But the police officials falsely implicated him in the present case FIR.
17. DW- 2 Sh. Subhash S/o SH. Bhagwana Ram R/o Village Dokkan, Dhani, Mindala, Post Pattan, Dist. Sikar, Rajasthan deposed that he is residing at the aforesaid address along with his family. Accused Chottu@ Chottan used to work for Sh. Anil Sharma and the when the alleged incident took place the accused Chottu @ Chottan was not present at the spot of incident. On the next day police came and apprehend the accused Chottu @ Chottan @ Chottan and took him to the police station. On the day of the incident, the accused Chottu @ Chottan @ Chottan was with him in Sector 8, Dwarka, New Delhi.
FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:37 +0530 11
18. Ld. APP for the State has argued that prosecution witnesses have supported the prosecution case and their testimony has remained unrebutted. It has been further argued that on the combined reading of the testimony of all the prosecution witnesses, offence U/S 336/337/427 IPC has been proved beyond doubt.
19. Per contra, Ld. Counsel for accused person has stated that there is no legally sustainable evidence against the accused person and that the accused person has been falsely implicated by the police officials. It is further argued that due to the lacunae and incoherency in the story of the prosecution, the accused person be given the benefit of doubt and are therefore, entitled to be acquitted.
20. After going through the evidence, arguments, facts, and circumstances of the case, it emerges that on 05.02.2015 when PW-8/SI Virender Singh received DD number 33A, he reached at the spot along with Ct. Jitender and found that the wall, which was 5-6 feet in height had fallen due to which a car bearing number HR26BN-4391, motorcycle bearing number DL6SAB-3741, No. DL8SBL6273, Number DL6SAG-4466 were lying in accidental state due to falling of wall and were damaged. As per his deposition, one truck bearing number RJ14GD-3585 carrying dust was unloading the dust from the other side of the wall and due to the said unloading, the side wall broke and fell upon the vehicles parked near the wall. The IO came to know that two persons were also injured and were taken to Global Hospital and on the basis of this information, the police reached Global Hospital and met the injured and collected MLC number 65/15 of injured Ram Swaroop and MLC number 66/15 of injured Rajat Yadav and he reached at the spot and recorded the statement of the complainant, EX. PW1/A and prepared Rukka Ex. PW8/A and sent it for FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:45 +0530 12 registration of FIR through Ct. Jitender. On the basis of the said information, FIR was got registered and investigation was launched. He prepared the site plan EX. PW-8/B and seized the damaged vehicles vide memo EX. PW8/C and deposited the same in the Mala Khanna, and thereafter he got the said vehicles mechanically examined vide mechanical inspection report EX. PW8/D and during investigation, it was revealed to him that the work of loading/unloading was being looked after by one labour Chottu @ Chottan at the instance of the owner of the said truck. Subsequently, the accused Chottu @ Chottan was arrested vide arrest memo EX. PW8/F.
21. In order to substantiate the prosecution version, the complainant Sh. Sagar was produced as PW1 and he testified that on the day of occurrence, he was going on a motorcycle, which was being driven by Rajat and when they turned in a Gali on the Sukkar Bazar Road, suddenly, the wall fell upon them as the truck was unloading the dust from the other side of the wall and due to the pressure, the wall fell down and they received injuries and they were taken to hospital. He has testified his statement EX. PW1/A given to the police.
22. During his examination, the complainant has pleaded his ignorance about the ownership of the said plot where the dust was being unloaded from the truck and stated that all the persons fled away from the said property. Since the witness was not telling the complete truth, on the request of Ld. APP, the witness was allowed to be cross examine by the Ld. APP but nothing could be extracted by examining him on behalf of the prosecution. He has deposed that he does not know any person in the name of Chottu @ Chottan/accused. He has pleaded his ignorance about the negligence of accused Chottu @ Chottan. He was confronted with his statement mark B, but the witness denied the giving of the said statement as well. He has gone to the extent in saying that he has never FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:29:53 +0530 13 seen the accused Chottu @ Chottan. In his cross-examination on behalf of the accused, he has admitted that he had not seen any person in the said plot, but has stated that the said wall was weak and fell due to the negligence of the driver of the truck and that the said wall was built by mud and bricks, and at the time of occurrence, everybody had fled away. Therefore, the testimony of PW1 is of no help to the prosecution to sustain the charges against the accused.
23. The prosecution has also produced Shri Rajat/PW-2 who has testified that when he along with his friend Sagar were going on their motorcycle through Shukar Bazar Road, Gali No. 6, the wall collapsed due to pressure of the dust material being unloaded by a truck and they received injuries and he was taken to hospital for treatment. He has also pleaded ignorance about the activities going on in the said plot. Therefore, the testimony of this witness is of no avail to fasten the responsibility upon accused of alleged occurrence in which he sustained injuries.
24. Similarly, the testimony of PW-3 is of no avail to the prosecution to sustain the charges against the accused as he has simply stated that there was large amount of sand in the said plot and he pleaded ignorance in his cross- examination that he cannot tell any reason as to why the wall fell down on the road. He has also admitted that he had not seen loading or unloading of dust from a truck when the wall collapsed. He is not the witness of occurrence of the incident.
25. PW-4, Rajiv Kumar, who is the owner of motorcycle bearing number DL6SAG-4466 has stated that on 05.02.2015, around 8/8:30 PM his motorcycle was damaged due to fall of wall, which he got released on superdari vide EX. PW4/A. However, during his cross-examination, he has denied that he FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:01 +0530 14 gave the motorcycle to SI Ramswaroop/IO. This witness has not stated any word about the negligence on the part of accused Chottu @ Chottan.
26. The prosecution has produced Shri Naresh as PW5, who is the driver of the truck bearing number RJ14GD-3585 who deposed that on 05.02.2015, he brought the said truck on the request of Chottu @ Chottan who was supplier of building material and he unloaded the sand with the wall and parked his truck on the side of the plot, and at the time of occurrence, he was sleeping in the said truck and the wall collapsed due to the pressure of sand. However, during his cross-examination, he has admitted that the order of sand was placed with the owner of the truck. He has admitted that accused did not sign any document in his presence and his truck owner used to inform him of the supply order on phone and on his orders, he delivered the sand at the said premises. The testimony of this witness is also of no avail to infer negligence in any way on the part of the accused Chottu @ Chottan.
27. The prosecution has also produced Shri Anil Kumar as PW-6 who is the owner of the said property. As per his deposition, he gave the said plot to Chottu @ Chottan in December 2013 on rent and since then accused Chottu @ Chottan is in possession of the said plot who keeps his material there. He has stated that on 05.02.2015, he came to know that the truck had come to unload the dust in the said Plot and the wall fell due to excessive storage of dust. He has stated that the said wall has fallen due to the negligent conduct of accused Chottu @ Chottan. During his cross-examination, he has admitted that there was no written agreement/rent note and he never issued any receipt to the accused.
FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:08 +0530 15
28. The testimony of PW-7/Raj Pal is formal in nature who after the receipt of Rukka from ASI Birender, recorded formal FIR No. 86/15 i.e. EX. PW7/A and recorded DD number 42A, EX. PW7/B.
29. To substantiate further, the prosecution has produced SI Birender Singh as PW-8, who was posted as ASI PS Palam village on 05.02.2015, and who on the receipt of DD number 33A went to the spot along with Ct. Jitender and found that the wall of 5 to 6 feet high has fallen due to which many vehicles were damaged. He has stated that one truck bearing No. RJ14GD-3585 carrying dust was being unloaded from the other side of the wall. He recorded the statement of Eye witnesses. Sagar/PW-1 who reported that two persons were injured, and one of them was Rajat and they were taken to Global Hospital for the treatment. The IO visited the Global Hospital and collected the MLC's and recorded the statement of the complainant EX. PW1/A. He sent the Rukka EX. PW8/A for registration of FIR and prepared the site plan EX. PW 8/B and seized the damaged vehicle through seizure memo Ex. PW 8/C. He interrogated the owner of the said plot who described that the work of loading/unloading was given to one labour Chottu @ Chottan who was arrested vide arrest memo, EX. PW8/E and conducted his personal search EX. PW8/F and recorded the statement of the witnesses and forwarded the challan to the court.
30. The testimony of PW-9/ASI Suresh Kumar is formal in nature who photographed the broken wall and damaged vehicles. The prosecution has produced Shri Ram Swaroop as PW-10 who was injured in the aforestated occurrence. As per his deposition, he along with Rajiv and Rahul went to Gali NO. 1, P-Block on motorcycle bearing number DL6SAG-4466 and when they were standing there, then the wall collapsed and fell upon them due to negligence and overloading of the said truck. Since the witness was not FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:15 +0530 16 supporting the version contained in statement recorded under section 161 Cr.P.C he was declared hostile at the request of Ld. APP, but nothing incriminating could be extracted by cross-examining this witness.
31. The testimony of PW 11, Shri Jaiveer Singh is also formal in nature as he is not witness of occurrence, but his vehicle was damaged in the said collapse of wall.
32. The accused in his statement U/S 313 Cr.P.C has taken the defence that he was not present at the time of stated occurrence, and he was employed by Anil Kumar Sharma, who is a building material supplier, and he had sent him to some other site to deliver the material in rickshaw.
33. In order to prove his defence version, the accused has appeared himself as DW-1 and produced Sh. Subhash as DW-2. As per the version of the accused, he was recommended by his friend Sh. Subhash to do the job with Sh. Anil Sharma and when the occurrence took place in the year 2015, he was not present at the spot and he visited the spot in the morning and on asking of police, he went to the police station along with his employer Sh. Anil Sharma and told the police official that he was not present at the site at the time of occurrence, but even then he was falsely implicated in the case. However, during his cross-examination, Ld. APP could not impeach his veracity.
34. The accused has also produced his friend Sh. Subhash as DW2 to testify that accused used to work with Sh. Anil Sharma and was not present at the site when the occurrence took place, rather the accused was with him in sector 8, Dwarka.
35. Therefore, from the prosecution evidence and the statement of the accused U/S 313 Cr.P.C, corroborated with the testimony of DW-1 and DW-2, it emerges that there is no cogent evidence on the file in order to substantiate that FIR No. 86/2015 St. Vs. Chottu @ Chottan Digitally signed by SAURABH SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:26 +0530 17 accused Chottu @ Chottan was tenant in the said premises belonging to Anil Kumar Sharma/PW-6 who has the deposed that he gave the property on rent to the accused to store the building material.
36. No corroborative evidence has been produced by the prosecution to substantiate that accused Chottu @ Chottan was tenant in the said premises. The accused DW-1 has stated that he was worker of Anil Sharma/PW-6 and his testimony has been corroborated by DW-2/Subhash and thus it has to be held that accused Chottu @ Chottan was an employee of Anil Sharma/PW-6, and he was not present at the site at the time of occurrence. Therefore, the negligence on part of accused Chottu @ Chottan, who was neither owner nor present at the time of occurrence at the site cannot be said to have been established. Moreover, if the dust was unloaded from the truck near the wall, then the negligence was on part of the truck driver, but he has not been impleaded as an accused. The responsibility of negligence could have been ascertained regarding the occurrence on the part of the owner of the property, but he has also not been impleaded as accused.
37. Therefore, considering the circumstances of the case, and the fact that accused is neither the owner of the property nor was present at the site at the time of occurrence and that the prosecution has failed to establish the case beyond shadow of reasonable doubt. In view of the discussion made above, it is clear that the prosecution has miserably failed to prove the allegations levelled against the accused Chottu @ Chottan. Therefore, this Court hereby accords the benefit of doubt to the accused person and holds the accused person Chottu @ Chottan not guilty of commission of the offence in question. Thus accused Chottu @ Chottan is acquitted of the offence U/S Digitally signed by 336/337/427 IPC. SAURABH SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:34 +0530 FIR No. 86/2015 St. Vs. Chottu @ Chottan 18
38. The bail bonds, if any furnished persons at the time of commencement of trail stands cancelled. Surety, if any stands discharged. Documents, if any shall be returned to its rightful owner as per rules. Endorsement, if any stands cancelled. Case property if any, shall be disposed of after expiration of period to assail this judgment and in case of appeal, as per the directions of Ld. Appellate Court. Case file be consigned to record room after due compliance. Digitally signed SAURABH by SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:42 +0530 Announced in the open court on (Saurabh Goyal) this day i.e. 12th August, 2025 JMFC-01 South West District, Dwarka, New Delhi It is certified that this judgment contains 18 pages and each page bears my signatures. SAURABH Digitally signed by SAURABH GOYAL GOYAL Date: 2025.08.12 15:30:47 +0530 (Saurabh Goyal) JMFC-01 South West District, Dwarka, New Delhi FIR No. 86/2015 St. Vs. Chottu @ Chottan