Delhi District Court
Fir No. 510/05 Ps Dabri State vs . Sandeep Yadav on 15 October, 2014
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IN THE COURT OF SUDHIR KUMAR SIROHI
METROPOLITAN MAGISTRATE02 DWARKA COURT, NEW DELHI.
FIR NO: 510/05
PS: Dabri
U/s : 341/323/427/506/34
IPC
State
Vs.
1. Mr. Sandeep Yadav, S/o Sh. Ramesh Yadav,
R/o Village Bagdola, Sector 8, Dwarka, N. D.
2. Mr. Narender Yadav @ Bablu, S/o Sh. Harnarayan Yadav,
R/o Village Bagdola, Sector 8, Dwarka, N. D.
3. Mr. Vijender @ Munshi, S/o Sh. Om Prakash,
R/o RZ20, Raghu Nagar, Dabri, Delhi.
4. Mr. Sukhvir, S/o Sh. Harnarayan,
R/o Village Bagdola, PS Dwarka, Delhi.
........... Accused persons
1. Sl. No. of the case. 949/2/14
2. The date of offence 08/07/2005
3. The name of the complainant State
4. The name of the accused persons 1. Mr. Sandeep Yadav, S/o Sh.
Ramesh Yadav, R/o Village
Bagdola, Sector 8, Dwarka, N.
D.
2. Mr. Narender Yadav @ Bablu,
S/o Sh. Harnarayan Dadav, R/o
Village Bagdola, Sector 8,
Dwarka, N.D.
FIR no. 510/05 PS Dabri State vs. Sandeep Yadav
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3. Mr. Vijender @ Munshi, S/o Sh. Om
Prakash,R/o RZ20, Raghu Nagar,
Dabri, Delhi.
4. Mr. Sukhvir, S/o Sh. Harnarayan,
R/o Village Bagdola, PS Dwarka, Delhi.
6. The offence complained Under Section 341/323/427/506/34 IPC
7. The plea of the accused Pleaded not guilty
8. The date on which the order 15.10.2014
was reserved
9. The date of order 15.10.2014
10. The final order Acquittal
JUDGMENT
Present: Ld. APP for the state.
All accused namely Mr. Sandeep Yadav, Mr. Narender Yadav @ Bablu, Mr. Vijender @ Munshi and Mr. Sukhbir with Ld. Defence Counsel.
1. Brief facts of the case as alleged by prosecution are that on 08/07/2005 at about 7.30 pm at Bus Stand, Vijay Enclave, Dabri Road, New Delhi ( hereinafter called all accused persons) within jurisdiction of PS Dabri in furtherance of their common intention committed wrongfully restrained complainant Mr. Brij Mohan, caused simply injury to him and caused wrongful loss and damage by breaking the window glasses of bus bearing no. DL 1PA 0625 and threatened the complainant to cause his death and thereby both accused persons were booked u/s 341/323/427/506/34 IPC.
FIR no. 510/05 PS Dabri State vs. Sandeep Yadav Page 3/4
2. On appearance of the all accused copies of documents were supplied to the all accused persons.
3. Charge was framed against all accused for having committed offence punishable under section 341/323/427/506/34 IPC, to which all accused pleaded not guilty and claimed trial. Matter u/s 427 IPC has been compounded against all accused persons by owner of vehicle bearing no. DL 1 PA 0625 namely Mr. Rohtash, therefore, all accused persons are acquitted of offence u/s 427/34 IPC as per section 320(8) Cr. P. C.
4. Prosecution in his evidence has examined only one witnesses. As the complainant Mr. Brij Mohan and eye witness Mr. Pradeep has been dropped vide order dated 19.07.2014 and 01.09.2014 due to nonservice even through DCP as report of Mr. Pradeep was that he has left Delhi address many years ago and his village address of Haryana is not correct and address of PW Bijender is not correct and there is no other eye witness in the present matter therefore no purpose would have been served in examination of all the other formal witnesses. Therefore, P E was closed.
5. Statement of all accused persons recorded under section 313Cr.P.C. and all incriminating circumstances appearing in evidence were put to them and all accused denied all the incriminating circumstances.
6. Discussion: FIR no. 510/05 PS Dabri State vs. Sandeep Yadav Page 4/4 In the present matter complainant Mr. Brij Mohan and eye witness PW Pradeep has been dropped vide order dated 19.07.2014 and 01.09.2014 due to non service even through DCP and there is no other eye witness, therefore in the absence of complainant and eye witness it has not been proved that all accused persons have wrongfully restrained complainant Mr. Brij Mohan and caused simple injury to complainant Mr. Brij Mohan with iron rod and threatened the complainant to cause his death.
Final Verdict: It is the duty of prosecution to prove the guilt of all accused beyond reasonable doubt which prosecution has failed to prove. Therefore, accused persons are acquitted of the offence u/s 341/323/427/506/34 IPC.
Announced in the open court on 15.10.2014 (Sudhir Kumar Sirohi) M M02/Dwarka Court, New Delhi/15.10.2014 FIR no. 510/05 PS Dabri State vs. Sandeep Yadav