Delhi District Court
State vs Sukhbir Singh And Ors. - Sc No. 35/2012 ... on 16 January, 2013
ID No. 02406R0275142011
IN THE COURT OF SH. VINAY KUMAR KHANNA
ADDITIONAL SESSIONS JUDGE04
SOUTH EAST: SAKET COURTS: DELHI
Sessions Case No. 35/2012
Unique ID No. 02406R0275142011
FIR No. 184/2011
U/s. 308/506/34 IPC
PS : Sarita Vihar
State
Versus
Sukhbir Singh
S/o Sh. Godhuram Singh ,
R/o H. No. 438, Aali Village,
Sarita Vihar, New Delhi ..........accused no. 1
Jai Kishan @ Jamal
S/o Sh. Raghubir Singh ,
R/o H. No. 371 Aali Village,
Sarita Vihar, New Delhi ..........accused no. 2
Satish Kumar
S/o Sh. Raghubir Singh ,
R/o H. No. 371, Aali Village,
Sarita Vihar, New Delhi ..........accused no. 3
Amit Kumar
S/o Sh.Raghubir Singh ,
R/o H. No. 371, Aali Village,
Sarita Vihar, New Delhi ..........accused no. 4
Satender @ Billa
S/o Sh. Godhuram Singh ,
R/o H. No. 102, Aali Village,
Sarita Vihar, New Delhi ..........accused no. 5
Instituted on : 21st April, 2012
Judgment reserved on : 16th January,2013
Judgment pronounced on : 16th January, 2013
J U D G M E N T
1. Accused persons in this case were charge sheeted for commission of offence punishable under section 308 and 506 Indian Penal Code. Briefly State Vs Sukhbir Singh and ors. - SC No. 35/2012 1/7 ID No. 02406R0275142011 stated, case of prosecution is that on 12.08.2011, on receipt of DD no. 53A ASI Jagdish Prasad reached at village Aali and met HC Suresh Chand. It was revealed that injured had been shifted to hospital. Leaving HC Suresh Chand at the spot, ASI Jagdish Prasad reached at Trauma Center, AIIMS where injured Karambir was found admitted and was fit for statement but did not gave any statement to the police. On MLC, assault and a lacerated wound over scalp right side temporal region 2 X 0.5 cm was noted. Injured left the hospital after the treatment and came to the police station. In his statement, Karambir stated that he was residing at house no. 100, Aali Gaon, Near Shiv Mandir alongwith his family and was doing work from his house. He got wall of his house repaired in order to cover the same from the rainy water by making a slop towards the gali. On this account, Satish @ Kalu, Jai Kishan @ Jamalu, Amit who were residing in front of the house raised objection. Complainant told them that he had objection as those persons had also fixed iron stakes in front of their house. Jai Kishan @ Jamalu took a danda and hit on his head. On hearing alarm, Satender @ Billu ad Sukhbir s/o Godhuram reached there. Satender caught hold of him and Satish @ Kalu and Amit started giving fist blows on his face. He started bleeding from his mouth and head. Sukhbir stated that Karambir be further beaten because these persons do not hear any person. All these persons jointly started beating him. In the meantime his younger brother came there, who rescued him from these persons. Jai Kishan uttered that he should also be killed, with great difficulty and with the help of his brother, he ran away. Even then, Sukhbir continued to threaten that if he State Vs Sukhbir Singh and ors. - SC No. 35/2012 2/7 ID No. 02406R0275142011 again came before them, then he would be killed. Jai Kishan, his brother and his uncle Sukhbir jointly attacked him in order to kill him.
2. On the basis of statement of complainant and MLC, an offence punishable under section 308/506/323/34 IPC was made out. ASI Jagdish Prasad got the FIR registered. During investigation, ASI Jagdish Prasad prepared site plan, recorded statement of witnesses and got the spot photographed. Accused Sukhbir was arrested from near Apollo Hospital. On 14.08.2011, other accused Satender @ Billu, Satish @ Kalu, Jai Kishan @ Jamalu and Amit Kumar were arrested. On completion of investigation challan was filed in the Court of Metropolitan Magistrate on 18.10.2011, which was committed to the court of Sessions on 21.04.2012. Charges for the offence punishable u/s 308 IPC read with section 34 IPC was framed against all the accused and charge for the offence punishable 506 IPC read with section 34 was served to accused Sukhbir Singh and Satender @ Billa on 18.09.2012, to which they pleaded not guilty and claimed trial.
3. The points which emerge for determination in this case are :
(i) Whether 12.08.2011 at about 07:30pm in the gali opposite house no. 100, village Aali, New Delhi accused persons in furtherance of their common intention inflected injuries to Karambir with a danda as well as legs and fist blow and caused a lacerated wound over his scalp on right side temporal region and over right eye brow?
(ii) Whether accused Sukhbir Singh and Satender @ Billa in furtherance of their common intention criminally intimidated Karambir to kill him, in case he appeared before them with intent to cause alarm ?
(iii) Whether requisite intention or knowledge can be attributed to the accused persons to hold them guilty for committing culpable homicide not amounting to State Vs Sukhbir Singh and ors. - SC No. 35/2012 3/7 ID No. 02406R0275142011 murder?
4. I have heard submissions advanced by Sh. Zenlul Abedeen Learned Addl. PP for the State as well as Sh. M. L. Jain Ld. Defence counsel and have perused the material on record carefully.
5. In order to establish accusations against the accused, prosecution examined five witnesses in all : HC Kailash Chand (PW1) duty officer, recorded FIR (Ex. PW1/A). He made endorsement (Ex. PW1/B). SI Satish Chander (PW2) received a PCR call regarding quarrel at house no. 100, Aali Gaon, near Shiv Mandir. He reduced information in the roznamcha vide DD no. 53A (Ex. PW2/A). Karambir (PW3) is complainant/injured. Sukhbir (PW4) is brother of Karambir. Their depositions are discussed below. SI Jagdish Prasad (PW5), Investigating Officer, investigated the case and prepared documents. During the course of investigation, he placed on record endorsement (Ex.PW5/A), site plan (Ex.PW5/B), arrest memo of accused Sukhbir (Ex.PW5/C), personal search memo (Ex.PW5/D). On 12.09.2011, PW5 arrested accused Jai Ksihan @ Jamalu, Satish Kumar, Satender Kumar and Amit Kumar. He placed on record arrest memos (Ex.PW5/E to Ex.PW5/H) and personal search memos (Ex.PW5/I to Ex.PW5/L).
6. On conclusion of prosecution evidence, statement of accused persons u/s 313 Cr.P.C. were recorded. Accused persons pleaded innocence and false implication State Vs Sukhbir Singh and ors. - SC No. 35/2012 4/7 ID No. 02406R0275142011
7. Material witnesses i.e. Complainant/injured, Karambir as well as his brother have not supported the case of the prosecution. PW3 deposed that he was residing at house no. 100, Village Aali alongwith his family members. On 12.08.2011, he had constructed a slop outside his house to cover the drain (nali) flowing outside his residence. At about 08:00 pm about 1520 people came at his residence and told him that he had wrongly constructed the slope outside his house. On seeing them, he rushed towards inside the house and in the process, he fell down and sustained injuries on his head. PW3 deposed that those people had gone away after telling him that he had wrongly constructed the slope. PW3 stated that there was darkness and there was no electricity at that time therefore, he could not see those persons. Those persons had not done anything wrong to him.
8. PW3 was cross examined by the Ld. Additional PP. He could not identify the accused persons. In cross examination, he stated that on seeing those persons, he became nervous and therefore, he informed the police about the incident. PW3 deposed that he narrated the incident to IO of this case. He did not know whether IO Jagdish knew accused persons or not. He did not know the accused persons namely, Sukhbir Singh, Jai Kishan Satish Kumar, Amit and Satendra. PW3 denied that he had given statement to ASI Jagdish at Police Station Sarita Vihar on 13.08.2011. He stated that his signatures were obtained by the police on a paper on which something was written and he was not read over the contents of the paper while obtaining his signatures thereon. PW3 denied that he had told to the police that Satish @ Kalu, Jai State Vs Sukhbir Singh and ors. - SC No. 35/2012 5/7 ID No. 02406R0275142011 Kishan @ Jamalu sons of Raghubir residing in the house situated in front of his house , raised objection against putting "barsati", on this he told them that they had also fixed iron stakes and on this Jai Kishan gave a danda blow on his head. PW3 denied that he told to the police that after hearing noise Satender @ Billu and Sukhbir reached there and Satender caught hold him and Satish @ Amit gave fist blow on his face due to which the blood started oozing from his mouth and head. PW3 denied that accused Sukhbir uttered that "Karambir ko aur maar, kyun ki ye kisi ki baat nahi maanta". He denied that all accused persons had beaten him jointly and in the meantime, his brother Sukhbir reached there and with the help of him, he somehow, succeeded in running from the spot. PW3 denied that Sukhbir and Satender threatened to kill him, whenever he would appear before them.
9. Sukhbir (PW4) brother of complainant, also did not support the case of prosecution. He was also cross examined by Ld. Addl. PP. He denied statement having made any statement to the police. He denied that he told to the police that on 12.08.2011 at about 08:00pm, a quarrel took place between his brother and their neighbours Satish, Satender, Jaipal and their cousin Sukhbir and on receiving this information, he reached at the spot where police was already present. PW4 categorically denied that accused persons had beaten his brother with danda and fist and kicks blow and threatened to kill him or with the help of his brother, he rescued his brother and took him to the hospital.
State Vs Sukhbir Singh and ors. - SC No. 35/2012 6/7
ID No. 02406R0275142011
10. Perusal of record shows that nothing could be elicited from the crossexamination of material witnesses which could be of any help to the prosecution. Material witnesses have denied all suggestions put to them by Learned Additional PP. They were confronted with their previous statements, which has been categorically denied by them. Thus, there is no evidence against the accused persons to link them with the offence in question. In the result, there being no incriminating evidence on record against the accused persons, I hold that prosecution has failed to bring home the guilt of the accused persons. Therefore, accused persons namely, Sukhbir Singh, Jai Kishan @ Jamal, Satish Kumar, Amit Kumar and Satender @ Billa are hereby acquitted from the charges against them. Bail bonds furnished by accused persons shall remain valid for six months as required u/s 437A Cr.P.C. File be consigned to record room.
announced in the
open court on (VINAY KUMAR KHANNA)
16 January , 2013
th
Additional Sessions Judge04
(SouthEast) Saket/New Delhi
State Vs Sukhbir Singh and ors. - SC No. 35/2012 7/7