Delhi District Court
State vs . Pawan Kumar on 1 March, 2013
FIR no.118/04
PS Narela
U/s. 325/341 IPC
State Vs. Pawan Kumar
IN THE COURT OF SHRI SANDEEP GUPTA:
METROPOLITIAN MAGISTRATE: ROHINI COURTS: DELHI
FIR no. 118/04
PS Narela
U/s. 325/341 IPC
State Vs. Pawan Kumar
Date of Institution of case:-13.05.04
Date of Judgment reserved:- 24.01.13
Date on which Judgment pronounced:- 01.03.13
JUDGMENT
Unique Id. No of Case :02401R5251862004 Date of commission of offence :18.03.04 Name of complainant :Sh. Baba Roshan Giri, S/o Sh. Parkash, R/o Dada Mai Mandir, Village Bankner, Narela, Delhi.
Name and address of accused :Pawan Kumar@Sonu S/o Sh. Inder Singh, R/o H.no. 508, Punjabi Mohalla, Village Bankner, Delhi.
Offence complained of :325/341 IPC Plea of accused :Pleaded not guilty Date of order :01.03.13 Final order :Acquitted BRIEF REASONS FOR DECISION:
1. The story of the prosecution in brief is as under:-
Accused has been sent to face trial under Section 325/341 Indian Penal Code (hereinafter called as IPC) on the allegations that on 18.03.04 at about 11:30 a.m in front of Dada Mai Wala Mandir, Village Bankner, Narela, Delhi, he had wrongfully restrained the complainant Baba Roshan Giri and caused grievous injuries to him and on the basis of the said allegations, the present FIR bearing no. 118/04 was registered Page 1 of 4 Contd/-..... FIR no.118/04 PS Narela U/s. 325/341 IPC State Vs. Pawan Kumar at Police station Narela and accused has been charged with the offences under Section 325/341 IPC.
2. After investigation, charge sheet was filed against the accused. The copies of charge sheet were supplied to him in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C.) and charge U/s. 325/341 IPC was framed against him vide order dated 07.06.06, to which he has pleaded not guilty and claimed trial.
3. The prosecution was thereafter given opportunity to prove the accusation against the accused and examined eight witness.
4. PW1 is Sh. Suraj Bhan Kaushik, Record Clerk, Maharishi Balmiki Hospital, Delhi. He has proved the MLC no. 330/04, prepared by Dr. Pankaj Kumar as Ex. PW1/A.
5. PW2 is HC Bijender Singh (under suspension), no. 7186 DAP, 6th Batallion, Vikas Puri, Delhi. He is the MHC(M) and has proved the entry made at serial no. 1188 as Ex. PW2/A.
6. PW3 is Retd. SI Jagir Singh, R/o B-136, Jahangir Puri, Delhi. He is the Duty Officer and has proved the copy of FIR as Ex. PW3/A and endorsement on the rukka as Ex. PW3/B. Page 2 of 4 Contd/-..... FIR no.118/04 PS Narela U/s. 325/341 IPC State Vs. Pawan Kumar
7. PW4 is Constable Ranvir Singh, no. 2693 NE, PS Usman Pur, Delhi. He has deposed that on 18.03.04, on receiving DD no. 16 B, he alongwith ASI Dharamvir Singh reached at the spot i.e Dada Mai Mandir situated at Village Bankner, Narela, where they came to know that injured was shifted to M.B.Hospital upon which he alongwith IO / ASI Dharamvir Singh reached at the M.B. Hospital and IO received the MLC no. 330/04 in respect of Baba Roshan Giri and they came to know from the official of the said Hospital that the injured has been discharged. He has further deposed that they returned back to the spot, where IO recorded the statement of the injured and prepared the rukka and got the case registered through him. He has further deposed that IO prepared the site plan at the instance of the injured and searched for accused but in vain. He has further deposed that IO recorded his statement.
8. It is a matter of record that vide order dated 02.11.12, prosecution evidence was closed and thereafter, statement of accused was recorded separately, in which he has submitted that he is innocent and has been falsely implicated in the present case and simultaneously stated that he does not want to lead defence evidence and matter was fixed for final arguments.
9. In the present matter, accused has been charged for the offences punishable Under Section 325/341 IPC and to prove Page 3 of 4 Contd/-..... FIR no.118/04 PS Narela U/s. 325/341 IPC State Vs. Pawan Kumar the case, the testimony of complainant / injured is material one but it is a matter of record that summons were issued the complainant / injured Baba Roshan Giri through IO as well as through DCP Office but this witness has not turned up and all the other witnesses examined by the prosecution are formal in nature and evidence of other witnesses are of no avail for the prosecution and no amount of evidence can lead to the conviction of the accused.
10. In view of the above said discussion, I am of the considered view that the prosecution has miserably failed to prove the guilt of the accused beyond reasonable doubt. Accordingly, accused Pawan Kumar is acquitted from the charges U/s. 325/341 IPC.
11. Bail bond of accused is extended in terms of Section 437 A of Cr.P.C.
12. File be consigned to Record room, after necessary compliance.
(Sandeep Gupta) Metropolitan Magistrate Rohini:Delhi ANNOUNCED IN THE OPEN COURT TODAY i.e on 01st March, 2013 Page 4 of 4 Contd/-..... FIR no.118/04 PS Narela U/s. 325/341 IPC State Vs. Pawan Kumar FIR no. 118/04 PS Narela U/s. 325/341 IPC State Vs. Pawan Kumar@Sonu 01.03.13 Present : Ld. APP for the State.
Accused Pawan Kumar@Sonu on bail
alongwith Ld. counsel.
Vide separate judgment dictated to the steno in the open court, accused Pawan Kumar@Sonu is acquitted of the said offences U/s. 325/341 IPC.
At this stage, Pawan Kumar@Sonu is directed to furnish fresh bail bond in the sum of Rs. 9,000/- with one surety in the like amount in terms of Section 437 A of Cr.P.C.
At the request of Pawan Kumar@Sonu, his previous bail bond is extended in terms of Section 437 A of Cr.P.C.
File be consigned to Record Room, after due compliance.
(Sandeep Gupta) MM (North)-01/Rohini 01.03.13 Page 5 of 4 Contd/-.....