Delhi District Court
State vs . Gurpal Singh @ Ajay @ Jaspal on 10 January, 2011
-:1:-
IN THE COURT OF S.K. SARVARIA DISTRICT JUDGEVIII &
INCHARGE ADDITIONAL SESSIONS JUDGE:
ROHINI COURTS, DELHI
SESISONS CASE NO.73/2010
State Vs. Gurpal Singh @ Ajay @ Jaspal
@ Ganja Bhai @ Rample @ Deepak
son of Sh. Baldev Singh
R/o C50/1, Mahendra Enclave
Model town, Delhi.
FIR No. 86/2008
Police Station Model Town
Under Section 307/506 IPC
Date of Institution: 14.07.2009
Date when arguments
were heard : 10.01.2011
Date of Judgment: 10.01.2011
JUDGMENT
1. The SHO of Police Station Model Town had challaned the accused to face trial for the offences under Sections 307/506/34 IPC and 25/27/54/59 Arms Act. The Ld Metropolitan Magistrate after supplying the copies of documents of the prosecution case to the accused by complying with Section 207 Cr.P.C has committed the case State vs. Gurpal Singh -:2:- to the Court of Sessions as provided under Section 209 Cr.P.C.
BRIEF FACTS OF THE CASE
2. The prosecution case is that on 29.03.2008 at about 8.45 PM in front of House No. D11/15, Model TownII, accused fired on the person of the complainant Ravinder Singh Kohli with such intention and under such circumstances that if by that act he would have caused death of complainant Ravinder Singh Kohli, he would have been guilty of culpable homicide amounting to murder. He also criminally intimidated Ravinder Singh Kohli at the said time and place.
CHARGE AND PLEA OF ACCUSED:
3. The prima facie case for the offences under Sections 307/506 IPC was found to have been made out against the accused, so the accused was charged accordingly on 21.12.2010, to which he pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE
4. In support of its case, the prosecution has examined 03 witnesses in all namely PW1 HC Pawan Kumar, PW2 Sh. Ravinder Singh Kohli, the complainant and PW3 HC Prakash Chand.
5. As the complainant himself was a hostile witness and the remaining witnesses except public witness Ram Bahadur, who is alleged to have identified the accused after 1½ years of the incident, are only formal witnesses, the evidence of the prosecution was closed. As there was no incriminating evidence emerging from the prosecution case against the accused to justify the statement under Section 313 State vs. Gurpal Singh -:3:- Cr.P.C., the same was dispensed with. The accused has not lead any evidence in defence.
ARGUMENTS AND FINDINGS
6. I have heard Ld. Chief Public Prosecutor for State and Ld. Sh. Akhilesh Kumar Pandey, Advocate for the accused and have gone through the record of the case and relevant provisions of law.
7. PW1 HC Pawan Kumar is a formal witness and was working as Duty Officer at PS Model Town on 29.03.2008. He proved the copy of DD No. 73B as Ex. PW1/A and the FIR No. 86/08 recorded by him in this case, the computerised copy of which is proved as Ex. PW1/B. He has also stated that he made endorsement on the rukka, which is Ex. PW1/C.
8. PW2 is Sh. Ravinder Singh Kohli, the complainant and the aggrieved person, who has proved his statement Ex. PW2/A. He failed to identify the accused as the person, who has fired at him despite his crossexamination at length on behalf of State.
9. PW3 HC Prakash Chand is also a formal witness, who has proved the copy of FIR No. 114/09 under Section 325 IPC as Ex. PW3/A.
10. It is also pertinent to note that after investigation, the case was sent for cancellation by the Investigating Agency but the learned Metropolitan Magistrate took the cognizance and committed the case to the Court of Sessions. Since the complainant and the aggrieved person in this case is hostile witness and has not supported the prosecution case despite crossexamination at length on behalf of State vs. Gurpal Singh -:4:- State, the evidence of the prosecution was closed as stated earlier. Therefore, the prosecution is unable to prove the prosecution case beyond reasonable doubt.
RESULT OF THE CASE
11. In view of the above, the accused Gurpal Singh @ Ajay @ Jaspal @ Ganja Bhai @ Rample @ Deepak acquitted of the charges under Sections 307/506 IPC. The personal bond and surety bond furnished by the accused are cancelled. The judgment be sent to the server (www.delhidistrictcourts.nic.in). File be consigned to record room.
Announced in the open court on this 10th day of January, 2011.
(S. K. SARVARIA) DISTRICT JUDGEVIII & INCHARGE ADDITIONAL SESSIONS JUDGE ROHINI COURTS, DELHI State vs. Gurpal Singh