Delhi District Court
Criminal Case/137/2009 on 15 July, 2013
1
IN THE COURT OF MS. SAUMYA CHAUHAN,
METROPOLITAN MAGISTRATE, SOUTH EAST DELHI, SAKET
State v. Gulzar Ahmed & Anr.
FIR No. 176/2009
PS Jamia Nagar
U/s 452/324/506/34 IPC
JUDGMENT
C C No. : 137/10/10
Date of Institution : 17.07.2010
Date of Commission of Offence : 26.07.2009
Name of the complainant : Nishar Ahmad
S/o Nazir Ahmad
R/o O-3, Batla House,
Jamia Nagar, Okhla, Delhi
Name & address of the accused : A-1 Gulzar Ahmad
S/o Mohd. Shafi
R/o H. No. M-55A Near
Chinar Apartment, Batla
House, Jamia Nagar,
New Delhi
A-2 Mohd. Nasir
S/o Ishfaq Ali
R/o H. No. M-55A Near
Chinar Apartment, Batla
House, Jamia Nagar,
New Delhi
Offence complained of : U/s 452/324/506/34 IPC
Plea of accused : Pleaded not guilty
Final Order : Acquitted
State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC
FIR No. 176/2009 , PS Jamia Nagar
2
Date of reserve for judgment : 15.07.2013
Date of announcing of judgment : 15.07.2013
BRIEF STATEMENT OF THE REASONS FOR THE DECISION
1. Vide this judgment this court shall dispose of the present case u/s 452/324/506/34 IPC.
2. Briefly stated story of the prosecution is that on 26.07.2009 at about 5.30 pm at House No. O-3, Batla House, Jamia Nagar, New Delhi within the jurisdiction of PS Jamia Nagar, the accused Gulzar Ahmad and Mohd. Nasir in furtherance of their common intention committed house trespass by entering into the above said place of the complainant Nisar Ahmed, used as human dwelling or place for custody of goods having made preparations for causing hurt to the complainant Nisar Ahmed and others or to put them in fear of hut or of assault or of wrongful restraint and voluntarily gave beatings to them and cause simple injuries to Nisar Ahmed and threatened to kill the complainant and his family members and hence both the accused committed an offence under Section 452/324/506/34 IPC.
3. Charge sheet was filed against the accused persons in the court. Copy of the charge-sheet and other scrutable documents were supplied to the State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 3 accused persons and thereafter charge under Section 452/324/506/34 IPC was framed against them vide order dated 26.02.11 to which they pleaded not guilty and claimed trial.
4. Thereafter, the matter was fixed for prosecution evidence. In order to prove the charges against the accused persons, the prosecution examined nine witnesses namely (1) Nisar Ahmad (2)Iftikhar Ahmad (3)Shakil Ahmad (4) Ramiz Raza (5) Ct. Darshan Singh (6) Rahil Nisha (7) Nahid Nisha (8) Nafia Nisha (9) SI Mohd. Rajik
5. PW-1 Nisar Ahmad deposed that in the year 2009, the exact date he did not remember, at that time he was doing partnership in contract of electricity work. On that day he went to Noida for balance amount where one quarrel had taken place regarding payment. After that he came to his house. He heard some noise in the street. He came there and saw that people were gathered. He also saw some persons were having iron rod and danda in their hand. Someone hit him from behind on his head, might be an iron rod. He became unconscious and regained the same at hospital. Some one called police on 100 number. Police reached at the spot. Subsequently, he came home after treatment. IO came to his house and taken his signature on a blank paper. He did not tell him what he had State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 4 written on the blank paper.
6. He was cross examined by the Ld. APP for State. During cross examination, he deposed that he is inter pass and can read and understand Hindi. He did not remember the exact date of incident and deposed that it might be 26-07-2009. He admitted that there was balance of Rs.3,30,000 from Gulzar Ahmad. He admitted that he went to Noida for payment of above amount. He denied that Gulzar Ahmad tried to beat him on asking the payment and he ran away to save his life. He denied that accused namely Gulzar Ahmad Nasir along with two more companion came to his house at 5.30 pm along with iron rod and danda in their hands. He voluntarily deposed that there were some person were present in his street whom he could not identify. He denied the suggestion that he is deposing falsely being partner of the accused persons. He admitted that police had taken his signature on blank papers and he did not know what is his complaint.
7. During cross examination by Ld. Defence Counsel, he admitted that accused persons present in the court did not come on the date of incident and no compromise took place between them.
8. PW-2 Iftikhar Ahmad deposed that on 26th in the year 2009, the month he State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 5 did not remember, he was sleeping in the night. He heard some noise in the street and woke up. He came down and saw two persons were coming down from stairs having iron rod and danda in their hands. He also saw that the blood was oozing from the head of Nisar Ahmad. The persons ran away. After sometime Police reached at the spot. Police recorded his statement. He further deposed that nothing more happened in his presence.
9. He was cross examined by the Ld. APP. During cross examination, he deposed that he did not know the persons who had came at the house of Nasir Ahmad. He could not identify them. He could not recall the exact time of incident but said that it was night time. He admitted that the date of incident was 26.07.2009. The witness was not cross examined by the accused.
10.PW-3 Shakil Ahmed deposed that in the year 2009, it was either eight or nine month of that year, he was working in the factory. He heard noise during working hours in the factory. He came back from the factory and there he came to know that some persons had beaten up Nishar. When he came at the spot all persons had left the spot after beating up Nishar. Later on IO investigated the matter from him and he told them that there one State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 6 quarrel had taken place. He also told the police that he had not seen the quarrel. IO signed his statement. Thereafter he went back to his factory for working.
11.He was cross examined by the Ld. APP for State. During cross examination, he deposed that he cannot say whether the above said incident took place on 26.07.2009. He admitted that the said incident had taken place at 5.30 PM. He admitted that he had seen public gathered in the street of factory. He admitted that he had seen two persons having iron rods in their hands were standing in the house of Nishar Ahmed. He denied that he had seen two persons were stepping down from the house of Nishar Ahmed. He denied that he had seen the persons who were stepping down from house of Nishar Ahmed was Mukhtar having iron rod in his hand and other person namely Nasir having article like knife. He admitted that he had seen that blood was oozing from the head of Nishar Ahmed. He admitted that the police came at the spot and took him to the hospital for medical treatment. He denied that he had told to the police that above said head injury was sustained by accused persons namely Mukhtar and Nasir by iron rod and knife. He denied that he is making this statement in the pressure of accused persons. He admitted that he is well State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 7 known to the accused persons and they are residing in Batla House. He denied that he had seen accused persons at the spot. He denied that he is deposing falsely at the instance of the accused persons.
12.During cross examination by the Ld. Defence Counsel that he admitted that he had not seen the accused persons at the place of occurrence.
13.PW-4, Ramiz Raza deposed that in the year 2009 on that day he was at home with his family members. At about 5.30 PM, four persons came along with iron rod in their hands. They quarreled with his father. In the meanwhile, somebody has called the police at 100 number. Police came at the spot and took his father to the PS. Police recorded his statement.
14.He was cross examined by the Ld. APP for State. During cross examination, he admitted that he is the son of Nishar Ahmed. He admitted that the persons present in the court as accused had come in his house on the date of incident. He could not say whether the date of incident was 26.07.2009. He admitted that he had told the police that he can identify the persons who had come at his house. He admitted that all the four persons who had quarreled left the spot before reaching the police at the spot. He admitted that his father sustained injury in his head in this quarrel. He could not tell by which instrument his father got injuries by the State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 8 accused persons. He denied that he is making this statement in the pressure of accused persons. He deposed that he know the accused persons as they are living in Batla House.
15.During cross examination by Ld. Defence Counsel, he admitted that accused persons namely Gulzar and Nasir were not present at the time of quarrel in his house.
16.PW -5 Ct. Darshan Singh could not say regarding the date and month of the incident but deposed that it was in the year 2009. He deposed that on the date of incident he was posted as constable at police station Jamia Nagar and was present in the PS when four persons namely Sirajuddin, Nasir, Mukhtar Ahmed and Shakil came in the PS. Sirajuddin came as surety of Nasir. He did not remember more in this case.
17.He was cross examined by the Ld. APP for State. During cross examination, he could not say whether it was 27.07.2009 when above said persons came in the PS. He could not say whether the name of the above said person was Shokat instead of Shakil. He denied that accused persons namely mukhtar Ahmed and Nasir were arrested at his presence. He could not say whether IO had recorded his statement or not.
18.Witness was allowed to refresh his memory at the request of Ld. APP. He State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 9 admitted that arrest memo of accused namely Gulzar Ahmed and Mohd. Nasir Ex. PW5/A1 and A2 bear his signature. Witness could not identify the accused persons in the court due to lapse of time.
19.During cross examination, he could not say when the above said persons came in the PS on the date of incident. He deposed that he was sitting in DO Room when the accused persons came to the PS. He did not remember how many police officers were present at the PS when accused persons came at the spot. He denied the suggestion that neither the accused persons were arrested nor any police bail was granted in his presence.
20.PW-6 Rahil Nisha deposed that on an unknown date she along with her sister and brother were sitting and talking to each other in the above said address. At about 5.30 PM, four persons suddenly entered in her house and attacked on her father. On seeing this she became shocked. She along with her brother and sister cried. On hearing their cry, they escaped from her house. She deposed that her father sustained head injury due to beating by attackers. She deposed that the accused present in the court are not the persons who attacked on her father on that day. She deposed after some time, police came at the spot and took her father to the hospital. State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 10 Police recorded her statement.
21.She was cross examined by the Ld. APP for State. She admitted that date of attacking on her father was 26.07.2009. She denied the suggestion that her father had disclosed to her that one quarrel had been taken place between him and his partner Mukhtyar and he any how came from Noida to save himself. She did not remember whether the attackers were having rod and knife in their hands. She voluntarily deposed that they were having such type of articles. She admitted that she is acquainted with persons namely Gulzar Ahmed and Mohd. Nasir as they are living in her neighbourhood. She denied the suggestion that the accused persons present today were involved in attacking on her father. She denied the suggestion that she is deposing falsely in order to save the accused persons.
22.During cross examination by the Ld. Defence Counsel, she admitted that the accused persons were not present at the time of attacking on her father.
23.PW-6 Nahid Nisha deposed that on an unknown date she along with her sister and brother were sitting and talking to each other in the above said address. At about 5.30 PM, four persons suddenly entered in her house State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 11 and attacked on her father. On seeing this she became shocked. She along with her brother and sister cried. On hearing their cry, they escaped from her house. She deposed that her father sustained head injury due to beating by attackers. She deposed that the accused present today are not the persons who attacked on her father on that day. After some time, police came at the spot and took her father to the hospital. Police recorded her statement.
24.She was cross examined by the Ld. APP for State. She admitted that date of attacking on her father was 26.07.2009. She denied the suggestion that her father had disclosed to her that one quarrel had been taken place between him and his partner Mukhtyar and he any how came from Noida to save himself. She did not remember whether the attackers were having rod and knife in their hands. She voluntarily deposed that they were having such type of articles. She admitted that she is acquainted with persons namely Gulzar Ahmed and Mohd. Nasir as they are living in her neighbourhood. She denied the suggestion that the accused persons present today were involved in attacking on her father. She denied the suggestion that she is deposing falsely in order to save the accused persons.
State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 12
25.During cross examination by the Ld. Defence Counsel, she admitted that the accused persons were not present at the time of attacking on her father.
26.PW-8 Nafia Nisha also corroborated the testimony of PW-6 and PW-7.
27.She was cross examined by the Ld. APP for State. She admitted that date of attacking on her father was 26.07.2009. She denied the suggestion that her father had disclosed her that one quarrel had been taken place between him and his partner Mukhtyar and he any how came from the Noida to save himself. She did not remember whether the attackers were having rod and knife in their hands. She voluntarily deposed that they were having such type of articles. She admitted that she is acquainted with persons namely Gulzar Ahmed and Mohd. Nasir as they are living in her neighbourhood. She denied the suggestion that the accused persons present today were involved in attacking on her father. She denied the suggestion that she is deposing falsely in order to save the accused persons.
28.During cross examination by the Ld. Defence Counsel, she admitted that the accused persons were not present at the time of attacking on her father.
State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 13
29.PW-9 SI Mohd. Rajik deposed that On 26.07.2009 he was posted at PS Jamia Nagar as ASI. On that day, DD No. 31A was received to him at the PS regarding quarrel at O-3, Batla House, Jamia Nagar, Delhi. He reached at the spot. But no one met him at the spot. He also came to know that PCR had took the injured to the AIIMS Trauma Centre. He reached at AIIMS Trauma Centre and collected MLC of Nisar Ahmed and after permission of the doctor he recorded his statement Ex. PW9/A. Thereafter, he came back at the PS Jamia Nagar. He prepared rukka Ex. PW9/B and handed over to the duty officer for registration of FIR. Thereafter, he along with HC Rambir again reached at the spot i.e Q-3, Batla House, Jamia Nagar and made enquiry with person who were present at that house. He also recorded the statement of the daughter and relative of complainant. He also prepared site plan Ex. PW9/C. He got collected the report of the MLC. On 18.08.2009 he formally arrested two persons namely Gulzar Ahmed and Mohd. Nasir and prepared arrest memo Ex. PW5/A1 and PW5/A2. He identified the accused persons in the court.
30.During cross examination, he denied the suggestion that he had obtained the signatures of the complainant on the blank papers and written on the State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 14 same according to his own wish. He denied the suggestion that the complainant did not disclose name of any person in the complaint.
31.As the complainant / injured and all the eye witnesses have turned hostile, denying the entire prosecution story and have been cross examined by the Ld. APP, carrying on with further prosecution evidence and recording testimonies of formal witnesses would have become only a futile exercise, and wastage of judicial time, resources and energy. Thus, the PE was closed. Since nothing incriminating has come on record against the accused persons, recording of statement of accused persons was also dispensed with.
32.I have heard the arguments addressed by the Ld APP for state and by Ld. Counsel for the accused and carefully perused the documents on record. The main witness i.e the complainant and the eye witnesses have denied the entire prosecution story and completely absolved the accused persons of all the allegations against them. Accordingly, the guilt of the accused persons have not been proved and thus they are entitled to be acquitted.
33.Accordingly, accused Gulzer Ahmad and Mohd. Nasir are acquitted under Section U/s 452/324/506/34 IPC.
State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC FIR No. 176/2009 , PS Jamia Nagar 15
34.As per section 437-A of the Cr.P.C, as amended vide the Amendment Act, which came into force on 31.12.2009, the accused as well as the surety shall remain bound by the personal and the surety bond respectively for a period of six months from today.
35.File be consigned to Record Room.
Announced in the open court (SAUMYA CHAUHAN)
on 15.07.2013 METROPOLITAN MAGISTRATE-07
SOUTH EAST/SAKET COURT/NEW DELHI
State v. Gulzar Ahmed & Ors. U/s 452/324/506/34 IPC
FIR No. 176/2009 , PS Jamia Nagar