Delhi District Court
Sc No: 462/21 State vs . Vikram & Others on 2 March, 2023
SC No: 462/21 State Vs. Vikram & Others
IN THE COURT OF SH. GAUTAM MANAN
ADDITIONAL SESSIONS JUDGE- 02
SOUTH-WEST, DWARKA COURTS, DELHI
In the matter of:-
S. C. No. 462/2021
CNR No. DLSW01-007334-2021
FIR No. 755/2020
Police Station Najafgarh
Under Section U/s 323/308/34 IPC
State
Versus
1. Vikram
S/o Sh. Garibdas
2. Kishan
S/o Sh. Garibdas
3. Rekah Rani
S/o Sh. Vikram Singh
All R/o H. No. RD-272,
Dharampura Extension,
Najafgarh, New Delhi. ... Accused Persons
Judgment 1 of 10
SC No: 462/21 State Vs. Vikram & Others
Date of institution 12.08.2021
Judgment reserved on 02.03.2023
Judgment Pronounced on 02.03.2023
Decision Acquitted
JUDGMENT
1. Accused persons are facing trial in the present case for voluntarily causing simple hurt to Devender Kumar, Deepak and Saurabh and for assaulting Satish, Sumitra and Sonu Sharma with intention that if they caused their death then they would be guilty of culpable homicide not amounting to murder.
2. FIR in question was registered on the complaint of complainant Satish (PW1). English translation of his statement reads as under:-
"I along with my family living at the above address and working in HR Department of HDFC, Judgment 2 of 10 SC No: 462/21 State Vs. Vikram & Others Gurugram. On 14.08.2020, at about 7.00 pm, I came to my home after getting savings done. At that time, Yashwant who is my neighbor was standing with his friends in front of my under construction house. I told Yashwant that why are you standing here and to go to your respective home. On this, he got angry and argued with me. Yashwant hit me on my head with kadaa worn by him. On hearing commotion, his father Vikram and uncle Kishan also came from their house with sticks and bricks in their hands and started beating me. Vikram was having sticks in his hands and Kishan was having bricks in his hands. At the same time, my father Devender Kumar and mother Sumitra also came to rescue but we all were beaten by them with sticks, bricks and kicks. On hearing commotion, when my brothers Deepak and Saurabh and friend Sonu Sharma also came to rescue, Vikram and Kishan called their other three associates and neighbors who were also armed with sticks and bricks and they all beaten us on our head due to which blood was oozing out from our heads. My father called at 100 number. Police came and took us to RTRM Hospital where we were treated. Legal action should be taken against all of them as they have made a deadly attack on us."
3. During investigations of the case, MLCs of injured persons were collected, statement of witnesses were recorded. Site plan of place of occurrence was prepared. On the basis Judgment 3 of 10 SC No: 462/21 State Vs. Vikram & Others of investigations, accused persons Vikram, Kishan and Rekhar Rani were charge-sheeted.
4. Vide order dated 28.05.2022 charges under Section 323/308/34 IPC were framed against accused persons to which they pleaded not guilty and claimed trial.
5. To prove its case, prosecution examined PW1 (complainant) Satish Kumar who deposed that he knew accused Vikram, Kishan and Rekha Rani as they are residents of his locality. On 14.08.2020, at about 7.00 pm, complainant came from barber shop and reached near an under construction house where "Y" (CCL) who is his neighbor was standing. He asked "Y" to leave the place upon which "Y" got angry and thereafter, accused Vikram, Kishan and Rekha Rani came there. Then a quarrel took place between complainant and his parents and accused persons. Father of Judgment 4 of 10 SC No: 462/21 State Vs. Vikram & Others complainant called at 100 number. Police came and took them to RTRM Hospital and they were medically examined. Later, his statement Ex. PW1/A was recorded at police station. He proved that during investigations, his clothes Ex. P-1 were seized by police vide seizure memo Ex. PW1/B. He categorically deposed that accused persons were not armed with sticks and bricks nor accused persons beat or caused any injury him or his family members.
6. Since complainant (PW1) did not support prosecution case, he was declared a hostile witness. PW1 was cross- examined by ld. Additional PP at length but no incriminating material could be elucidated from his testimony.
7. PW2 Devender Kumar and PW3 Sumitra parents of complainant deposed that on 14.08.2020, at about 7.00 pm, PW2 received a call from their son that he had a quarrel with Judgment 5 of 10 SC No: 462/21 State Vs. Vikram & Others his neighbours Vikram, Kishan, Rekha Rani and "Y". Thereafter, they along with their son Saurav and two other friends reached there to save their son. In the scuffle, they sustained injuries and PW2 called police at 100 number. Police reached and took them to RTRM Hospital for treatment.
8. PW4 Deepak Kumar and PW5 Sonu Kumar who are friends of Saurav deposed that on 14.08.2020, at about 7.00 pm, they received a call from their friend Saurav that his brother Satish had a quarrel with his neighbors Vikram, Kishan, Rekha Rani and "Y". Thereafter, they along with parents of Saurav and Saurav reached there to save Satish. In the scuffle, they sustained injuries and father of Saurav called police at 100 number. Police reached and took them to RTRM Hospital for treatment.
Judgment 6 of 10
SC No: 462/21 State Vs. Vikram & Others
9. PW2 to PW5 also did not support prosecution case and were declared hostile witnesses. PW2 to PW5 were cross-examined by ld. Additional PP but no incriminating material could be elucidated from their testimony also.
10. PW6 Sourabh Kumar brother of complainant also deposed that on 14.08.2020, at about 7.00 pm, he received a call from his brother that he had a quarrel with his neighbors Vikram, Kishan, Rekha Rani and "Y". Thereafter, he along with his and two other friends reached there to save his brother. In the scuffle, he sustained injuries and his father called police at 100 number. Police reached and took them to RTRM Hospital for treatment. He categorically deposed that accused persons were not armed with sticks and bricks and accused persons did not beat or cause any injury him or his family members.
Judgment 7 of 10
SC No: 462/21 State Vs. Vikram & Others
11. PW6 also did not support prosecution case and was declared a hostile witness. PW6 was cross-examined by ld. Additional PP at length but no incriminating material could be elucidated from his testimony also.
12. Since material witnesses/injured persons i.e. complainant PW1, his parents PW2 & PW3, brother PW6 and friends of his brother PW4 & PW5 did not support the case of prosecution on material aspects and deposed nothing incriminating against accused persons and no other witness is cited by prosecution to link accused persons with alleged crime, prosecution evidence was ordered to be closed.
13. As no incriminating evidence came on record against accused persons recording of statement under Section 313 CrPC of accused persons was dispensed with.
Judgment 8 of 10
SC No: 462/21 State Vs. Vikram & Others
14. I have heard State through Sh. Pramod Kumar, ld. Additional PP for State and Sh. Pooran Sharma and Sh. Bharat Sharma, ld. counsels for accused persons. I have also perused entire material on record.
15. Complainant (PW1), his parents PW2 & PW3, his brother PW6 and friends of his brother PW4 & PW5 who are eye/injured persons did not support the prosecution case in respect of the allegations appearing in the FIR. Prosecution witnesses deposed that on 14.08.2020, at about 7.00 pm, a scuffle took place between complainant and accused persons and in the said scuffle, they received injuries. They categorically deposed that accused persons did not caused any injury to them.
16. Thus, in the light of testimonies of prosecution witnesses who are eye/injured persons which are exonerating Judgment 9 of 10 SC No: 462/21 State Vs. Vikram & Others accused persons, it is held that prosecution has failed to establish charge against accused persons.
17. Accordingly, accused Vikram, Kishan and Rekha Rani are acquitted. Their personal bonds are canceled and surety are discharged. Documents, if any, be returned to the surety. In terms of Section 437(A) CrPC accused persons are directed to furnish personal and surety bonds in the sum of Rs.10,000/- each for period of six months. File be consigned to record room.
Announced in open Court on 02nd day of March 2023.
Digitally signed by
GAUTAM GAUTAM MANAN
MANAN Date: 2023.03.02
15:34:35 +0530
Gautam Manan
Additional Sessions Judge-02
South-West, Dwarka, New Delhi
Judgment 10 of 10