Delhi District Court
State vs Devender Mann And Others on 14 August, 2024
IN THE COURT OF Ms. NEHA GUPTA SINGH,
CHIEF JUDICIAL MAGISTRATE :
NORTH DISTRICT, DELHI
STATE VS. DEVENDER MANN & ORS.
FIR No: 6/2010
P. S. Alipur
U/s 149/323/427/452/506 IPC
JUDGMENT
Cr. case No. : 5283/2017 Date of its institution : 24.12.2016 Name of the complainant : Sh. Kapil
Date of Commission of offence: 09.01.2010 Name of the accused :Devender Mann @ Bhura S/o Rajender Singh R/o H. No. 306, Near Jaat Chopal, Village Hamidpur, Delhi Surender Mann @ Sunder S/o Rajender Singh R/o H. No. 306, Near Jaat Chopal, Village Hamidpur, Delhi Joginder @ Kala S/o Rajender Singh R/o Village Hamidpur, Delhi Amit @ Mittu S/o Rajender Singh R/o Village Hamidpur, Delhi Cr No. 5283/2017 State Vs. Devender Mann & Ors.FIR No. 6/10 PS Alipur 1 of 6 Gaurav Mann S/o Jeet Singh R/o H. No. 226 Near Jaat Chopal, Village Hamidpur, Delhi Ashwani @ Nanha S/o Dayanand R/o H. No. 56, Near Jaat Chopal, Near Primary School.
Village Hamidpur, Delhi Ravinder Mann @ Mastu S/o Rajender Singh R/o Jaat Chopal, Village Hamidpur, Delhi Offence complained of : U/s 149/323/427/452/506 IPC Plea of accused : Pleaded not guilty Case reserved for orders : 14.08.2024 Date of judgment : 14.08.2024 Final Order : Acquitted for offences U/s 149/323/427/452/506 IPC BRIEF STATEMENT OF FACTS FOR THE DECISION:
1. The prosecution story in brief is that statement of complainant recorded on 09.01.2010 which is Ex. PW-
1/A. He claimed that he used to reside at given address and doing work of agricultural and having 250 sq yards plot in the village and whenever they tried to raise construction on the said plot, some persons used to Cr No. 5283/2017 State Vs. Devender Mann & Ors.FIR No. 6/10 PS Alipur 2 of 6 interrupt and gave written complaint to the police. He further stated that when they started construction on the plot on 03.01.2010, some persons came there and threatened and again on 05.01.2010 they came and threatened and a call at no.100 was made in this regard. He further stated that on 09.01.2010 at 2:30 pm, accused persons came at plot and entered into the plot forcefully and dismantled the new raised wall and also assaulted upon the complainant Kapil, Contractor Mohd. Yakub and other labourers Mohd. Asif and one Dinesh Prasad using baseball bat, dandas, fist and leg blows causing simple injuries to the above named persons and also threatened complainant Kapil of wrongfully dispossessing him from his plot. Thus, the accused persons have also committed criminal trespass over plot of the complainant. FIR was registered. All accused persons were arrested.
2. Investigation was completed and police report under section 173 Cr.P.C. was filed under sections 149/323/427/452/506 IPC.. Cognizance was taken and accused persons were summoned.
3. Copy of charge sheet and documents were supplied to the accused persons in compliance of section 207 Cr.P.C.
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4. Arguments on charge were heard and charge against accused persons was framed under section U/s 149/323/427/452/506 IPC vide order dated 29.09.2018 by one of Ld. Predecessors of this court. Accused persons pleaded not guilty and claimed trial.
5. In order to bring home the guilt of the accused persons, prosecution examined following witnesses.
6. PW-1 Kapil/ complainant deposed that on 09.01.2010 at 2:00-2:30 pm, he was present at his plot situated at Village Hamidpur near Primary School and he was trying to construct boundary wall on his plot and some of notorious villagers came there and tried to stop his work and his newly constructed wall turned turtle and thereafter he made call at no. 100, PCR officials reached there and took him to police station. He further deposed that at police station, police officials enquired from him and obtained his signatures on some blank papers. PW-1 turned hostile and no incriminating could be come on record. This witness is not cross examined by the accused persons despite opportunity being given.
7. PW-2 SI Ramesh Chand deposed that on 09.01.2010, he was posted at PS Alipur as Duty Officer, who proved the registration of the FIR as Ex.PW-2/A and he also made his endorsement thereupon as Ex. PW-2/B. He Cr No. 5283/2017 State Vs. Devender Mann & Ors.FIR No. 6/10 PS Alipur 4 of 6 also proved Certificate u/s 65-B of Indian Evidence Act as Ex. PW-2/C. This witness is cross examined by Ld counsel for accused persons.
8. PW-3 Sh. Yakub deposed that in the year 2010 he was working as a labourer in plot, situated at village Hamidpur near Primary school. turned hostile and no incriminating could be come on record. This witness is not cross examined by the accused persons despite opportunity being given.
9. Complainant Sh. Kapil has not supported version of the prosecution. Other eye witnesses are not traceable and report of the concerned DCP in this regard is on record. All other witnesses are formal witnesses, examining them would have been a futile exercise. Accordingly PE was closed. Statement U/s 313 Cr.P.C. is dispensed with as no incriminating evidence has come on record. Final arguments were heard.
10. It is a cardinal principle of criminal jurisprudence that prosecution has to prove its case beyond reasonable doubts by leading reliable, cogent and convincing evidence. Further, it is a settled proposition of criminal law that in order to successfully bring home the guilt of the accused, prosecution is supposed to stand on its own legs and it cannot derive any benefits whatsoever from Cr No. 5283/2017 State Vs. Devender Mann & Ors.FIR No. 6/10 PS Alipur 5 of 6 the weakness, if any, in the defense of the accused. Accused persons are entitled to the benefit of every reasonable doubt in the prosecution story and any such doubt in the prosecution case entitles the accused to acquittal.
11. PW-1/complainant and PW-3 Yakub have not supported the case of the prosecution. Other eye witnesses are untraceable. PW Raghubir Singh has expired. There is no other eye witness, who can establish the identity of accused as offender. Prosecution has failed to establish the identity of accused.
12. In light of these circumstances, it cannot be said that prosecution has proved its case beyond reasonable doubt, accused Devender Mann, Joginder, Surender Mann, Amit, Guarav, Ashwani and Ravinder acquitted for offence u/s 149/323/427/452/506 IPC.
Digitally signed Neha by Neha Gupta
Announced in the open court Gupta
Singh
Date:
2024.08.14
On this 14th August, 2024 Singh 16:07:24
+0530
Neha Gupta Singh
Chief Judicial Magistrate
Dist. North, Rohini Delhi
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