Delhi District Court
State vs . Vikas & Another on 10 January, 2014
State Vs. Vikas & another
IN THE COURT OF SH. PAWAN KUMAR JAIN
ADDITIONAL SESSIONS JUDGE-01 ( CENTRAL): DELHI
SC No. 06 of 2013
ID No. 02401R0170372012
FIR No. : 91/11
Police Station : Pahar Ganj
Under Section : 323/308/34 IPC
State
Versus
1. Vikash
S/o Sh. Rajender Kumar
R/o 9701/10, Multani Dhanda
Pahar Ganj, Delhi.
.............Accused no.1
2. Akash
S/o Sh. Rajender Kumar
R/o 9701/10, Multani Dhanda
Pahar Ganj, Delhi.
.............Accused no.2
Date of Institution : 13.04.2012
Date of committal of the case : 14.01.2013
Date of judgment : 10.01.2014
Present: Sh. R.K. Tanwar, Additional Public Prosecutor for the
State
Sh. O. P. Bajaj, Advocate, counsel for both accused
SC No. 06/13 Page 1 of 4
State Vs. Vikas & another
J U D G M E N T (ORAL):-
1. Briefly stated facts of prosecution case are that complainant Rani got recorded her statement to SI Vinay Kumar that on June 9, 2011 at about 11 PM a quarrel had taken place between her son Bunty with accused Akash and Vikas. Consequently, she also came out from her house and saw that both the accused persons were beating her son by the means of danda and when she intervened, accused Vikas had given a blow of some sharp object on her head. Consequently, she sustained injury on her head and on her lips. Intimation was given to the police. Accordingly, police took the injured to LHMC. It was alleged that accused and their cousin Anish were under the influence of liquor and they had also sustained injury as they had fallen in the said incident.
(i) Initially case was registered for the offence punishable under Section 323/324/34 IPC. Since, complainant Rani sustained grievous injury, Section 308 IPC was added.
2. After completing investigation, challan was filed against both the accused persons for the offence punishable under Section 323/308/34 IPC.
3. After complying with the provisions of Section 207 Cr.P.C, case was committed to the Court of Sessions on January 4, 2013. Thereafter, case was assigned to this Court on January 14, 2013. Thereafter, case was registered as Sessions case No. 06/13.
4. Vide order dated August 7, 2013, a charge for the offence punishable under Section 323/308/34 IPC was framed against both the SC No. 06/13 Page 2 of 4 State Vs. Vikas & another accused persons to which they pleaded not guilty and claimed trial.
5. In order to bring home the guilt of accused persons, prosecution has examined following ten witnesses:-
PW1 HC Bharat Bhushan, duty officer, proved FIR PW2 Sh. Anish, cousin of accused persons PW3 ASI Balley Singh, formal witness PW4 Const. Kapil PW5 Smt. Rani, complainant, turned hostile completely PW6 Sh. Bunty, injured, turned hostile completely PW7 Smt. Babita, material witness, turned hostile completely PW8 De. Rahul Jaiswal, proved the MLC of complainant PW9 Dr. Pravesh Mehra, proved the MLC of complainant PW10 Dr. Vipul Vijay, proved the MLC of injured Bunty
6. The prosecution case was based on the testimony of PW5, PW6 and PW7 but they turned hostile completely and did not support the prosecution case in any manner. PW7 deposed that she had sustained injury as she had fallen on the ground and she did not know who assaulted her and her son. Similarly, PW6 deposed that the accused persons did not assault him. He did not know how he sustained injury. PW7 also deposed that she did not know anything about the incident. Though all the witnesses were cross-examined at length by learned Addl. P. P. but nothing came out during their cross-examination which may help the prosecution to prove the culpability of accused persons. The testimony of other witnesses are not relevant to prove the culpability of accused persons.
SC No. 06/13 Page 3 of 47. Since, the material witnesses turned hostile, prosecution evidence was closed vide separate order dated January 10, 2014.
8. Since, there is no incriminating evidence against the accused persons, their examination under Section 313 Cr.P.C is dispensed with.
9. I have heard rival submissions made by counsel for both the parties, perused the record carefully and gave my thoughtful consideration to their contentions.
10. Since there is no incriminating evidence on record, I hereby acquit both the accused persons namely Vikash and Akash from all charges.
Announced in the open Court on this 10th day of January, 2014 (PAWAN KUMAR JAIN) ADDITIONAL SESSIONS JUDGE-01 CENTRAL/THC, DELHI SC No. 06/13 Page 4 of 4