Delhi District Court
State vs 1. Nasrat Son Of Chhotey Khan on 28 January, 2011
IN THE COURT OF SH. SUDESH KUMAR : SPECIAL JUDGE (NDPS)/
ADDL.SESSIONS JUDGE (NORTHEAST) : KARKARDOOMA COURTS,
DELHI
SC 157/2008
FIR 721/2007
PS Nand Nagri
Under section 323/325/341/506/34 IPC
Case No. 02402 RO 361872008
State Versus 1. Nasrat son of Chhotey Khan
resident of house No.409, Gali No.3, Budh Vihar,
near Madina Masjid, Saboli, Delhi
2. Abid Ali son of Jamil Ahmad
resident of house No.30, Gali No.1,
near Madina Masjid, Budh Vihar, Mandoli, Delhi
3. Hamid Ali @ Hammu son of Jamil Ahmad
resident of house No.30, Gali No.1,
near Madina Masjid, Budh Vihar, Mandoli, Delhi
4. Asif son of Chhotey Khan
resident of house No.409, Gali No.4,
Saboli Gadda, Delhi
5. Chhotey Khan son of Hussain Khan
resident of house No.409, Gali No.3, Budh Vihar,
Mandoli, Delhi
6. Sarafat Ali son of Mosafi
resident of 242, Gali No.2, Budh Vihar,
near Madina Masjid, Mandoli, Delhi
7. Saleem son of Sarafat Ali
resident of house No.242, Gali No.2, Budh Vihar,
near Madina Masjid, Mandoli, Delhi
Date of Institution 19.9.2008
Date of hearing arguments 28.1.2011
Date of decision 28.1.2011
J U D G M E N T
Accused persons named in the heading, have been charge sheeted in a case FIR No.721/2007 PS Nand Nagri Page 1/5 bearing FIR 721/2007 for the offence punishable under section 323/325/341/506/34 IPC registered at PS Nand Nagri, present case was transferred to this court by the learned Sessions Judge vide order dated 16.7.2008 as cross case bearing FIR No.720/07 was pending in this court.
The case of the prosecution, in brief, as per the police report under section 173 Cr.PC is that on 17.8.2007 on receipt of DD No.39, regarding a quarrel near Gali No.5/6, near Madina Masjid, Saboli Bagh, Delhi, SI Afaq Ahmad along with Ct.Chanderbhan reached at the spot and upon coming to know that there had been a quarrel between two parties and injured persons from the said two parties have been removed to the GTB Hospital, SI Afaq Ahmad along with Ct.Chanderbhan reached over there and came to know that four injured persons had been got admitted by Ct.Vijaypal and obtained the MLC of all the four injured namely Abid, Shaukeen Ali, Farooq & Akhtar Ali who were declared fit for making statement. None of the said injured persons, however, made any statement at that time. However on 18.8.2007, one of the injured persons namely Akhtar Ali came to PP Harsh Vihar and made statement to the effect that on 17.8.2007 at about 8.45 pm, when he was present at his shop a neighbour Manorama told that in the Shukra Bazar, near Madina Masjid, an altercation was going on between his brother Abid Ali on one hand and Hammu, Abid & Nasrat on the other hand. He accordingly reached there and asked his brother Abid Ali qua the altercation who told that that the vegetables being brought by him had fallen as a result of impact of motorcycle of Hammu, Abid & Nasrat and the matter had been subsided and they came to their house. When he (complainant) started working at his shop, after about 5 minutes, accused Hamu Abid & Nasrat, Asif, Sarafat & Saleem who were known since prior, holding dandas in their hands came and threatened to teach a lesson. When he (complainant) tried to make them understand, Nasrat attacked on him with a razor and as he caught hold of Nasrat, accused Abid gave a danda blow on his hand with the result that he cried out and on hearing the same, his brother Abid and Shaukeen and uncle Farooq came at the spot who tried to make FIR No.721/2007 PS Nand Nagri Page 2/5 understand accused Hamu Abid & Nasrat, Asif, Sarafat & Saleem. In the meantime Nasrat telephonically called his father Chhote Khan who too came at the spot, and then at the exhortation of Chhote Khan, accused Hamu Abid & Nasrat, Asif, Sarafat & Saleem gave beatings to all of them. In the meantime someone called the police on No.100. From the spot, the complainant, Abid, Shaukeen & Farooq came to the PP Harsh Vihar where from they were taken to the GTB Hospital. The complainant further stated that the said accused persons namely Chhote Khan, Hamu Abid & Nasrat, Asif, Sarafat & Saleem had threatened to kill them. Making the statement to the above effect, legal action against the accused persons named above was sought.
After recording the statement to the above effect, SI Afaq Ahmad made his endorsement on the rukka and got the present case FIR registered under sections 323/341/506/34 IPC .
As further investigation of the case was assigned to HC Charan Singh, he, during the course of investigation, visited the spot prepared site plan, recorded statements of the witnesses, arrested accused Nasrat on 19.8.2007. Subsequently the remaining accused persons were formally arrested in this case as they had obtained anticipatory bail from the Court of Sessions. Subsequently, he obtained medical opinion qua the injuries received by the injured persons in this case and added section 325 IPC.
After completing the investigation in all respects, challans prepared and presented in the Court for trial of the accused persons.
After hearing arguments on the aspect of framing of charge, charge under section 323 IPC read with section 34 IPC, section 325 IPC read with section 34 IPC and section 506 IPC read with section 34 IPC was framed against all the accused persons to which the accused persons pleaded not guilty and claimed trial.
Prosecution in order to establish its case against the accused persons examined FIR No.721/2007 PS Nand Nagri Page 3/5 four prosecution witnesses, and thereafter, prosecution evidence was closed vide order dated 28.1.2011, as the complainant and the injured persons had turned hostile and did not support the case of the prosecution.
Examination of the accused persons under section 313 Cr. PC was dispensed with vide order dated 28.1.2011 as there was no incriminating evidence on record against the accused persons.
Final arguments heard. File perused.
PW1 is complainant injured Akhtar Ali who has deposed that he does not remember the date but it was in August 2007 that a quarrel had taken place between them and the accused persons. Number of persons were present on the accused side. It was night time and further due to rush of people, he could not see as to who inflicted injuries and on whose person. He has further deposed that in the said quarrel he also sustained injuries but he can not say as to who inflicted the injuries on his person and with which weapon. He was crossexamined by the learned Addl PP for the State and during the cross examination, he has admitted his signatures on the statement Ex.PW1/A but has sated that he does not know the contents of the same as he did not through the contents of the statement Ex.PW1/A. Nothing incriminating came on record against the accused persons despite cross examination by the learned Addl.PP for the State PW2 is Abid Ali. He has also not supported the case of the prosecution and hasd deposed that he does not remember the date month and year but it was 34 years back, it was night time that he had some altercation with Hammu, Abid & Nasrat. He has further deposed that his brother Akhtar came at the spot and pacified the matter but after minutes thereof, accused persons along with a number of persons came to their house and inflicted injuries on their persons with dandas etc but he could not see as to who inflicted injury on whose person as it was night time and number of persons were present there. He has further deposed that in the said quarrel, he also sustained injuries but he can not say as FIR No.721/2007 PS Nand Nagri Page 4/5 to who inflicted injuries on his person and with which weapon. He too was cross examined by the learned Addl PP for the State but nothing incriminating came on record against the accused persons.
PW3 is Farooq who has also deposed that he does not remember the date, month and the year but it was about 34 years back, at about 8.50 pm in the night there was a commotion in the street and on hearing the same he came outside the house and saw that the accused persons along with a number of persons were quarreling and he does not know as to who inflicted injuries on whose person and in the said commotion he fell down in the street and received injuries. He was also crossexamined by the learned Addl PP for the State but nothing incriminating came on record against the accused persons.
PW4 is Shaukeen who has deposed that he does not remember the date and month but it was in the year 2007, that he was coming from his work to his house on his motorcycle and he saw a commotion in the street and people were running here and there and in the said process he fell down from his motorcycle and sustained injuries. He was also crossexamined by the learned Addl PP for the State but nothing incriminating came on record against the accused persons.
Since there is no incriminating evidence on record against the accused persons, all the seven accused persons are acquitted of the offence under section 323 IPC read with section 34 IPC, section 325 IPC read with section 34 IPC and section 506 IPC read with section 34 IPC with which they were charged.
Bail bonds of the accused persons shall remain in force for the further period of six months from today.
File be consigned to the record room.
Announced in the open court
on this 28th day of January 2011 (Sudesh Kumar)
Special Judge NDPS (NorthEast)
Addl. Sessions Judge:Kkd Courts, Delhi
FIR No.721/2007 PS Nand Nagri Page 5/5